Right to Exclude

Question 1

Modern Rule- Right to Exclude

Answer 1

The trespasser is liable for intentional and unpiveleged entry EXCEPT when there is consent and privilege. (also necessity exception)

Question 2

Jacque v Steenberg (right to exclude)

Answer 2

• When nominal damages (symbolic, no substantial injury) are
  awarded for an intentional trespass to land, the jury can consider an award of punitive
  damages as well.
• Actual harm here is the denial of owner’s right to exclude.
• a right has no practical meaning unless protected by the state, because a legal right is involved, law recognizes actual harm occurs in every trespass.

Question 3

State v Shack (exceptions to right to exclude)

Answer 3

• A landowner’s right in property is not absolute. One must use property so as
  not to injure the rights of others. A landowner generally has the right to
  exclude others, except when necessity requires an entry without permission.
• Owner’s right to exclude is limited by the defendant’s necessity of entering
  onto its property to do their jobs, administering aid and assistance to the
  migrant farmworkers pursuant to federal statutes.