Trespass Flashcards
What right does trespass confer to property owners?
The right to exclude.
What is Trespass?
An unprivileged intentional intrusion upon another’s property.
Does mistaken entry excuse trespass?
No. Mistaken entry does not excuse trespass.
What are the 3 defenses to trespass?
- Consent. 2. Necessity. 3. Public policy.
What is the consent defense to trespass?
Entry is done with the consent of the owner.
What is the necessity defense to trespass?
Entry is somehow justified by necessity.
What is the public policy defense to trespass?
Entry is encouraged by public policy.
What is the holding/rule from State v. Shack as it relates to Trespass?
Ownership of real property does not include the right to refuse access to individuals providing government services to workers housed on the property. The workers’ rights of privacy/public assistance is too fundamental to be denied – Ds did not invade any of P’s property rights or violate the trespass statute.
