Trespass

Question 1

What is trespass?

Answer 1

An intrusion onto another’s land.

Trespass involves unauthorized entry onto private property.

Question 2

What are licenses in property law?

Answer 2

An express or implied agreement granting permission for another person to enter the land.

Licenses can be revocable, informal, and often oral.

Question 3

What are the characteristics of a license?

Answer 3

• A waiver of the owner’s right to exclude
• Revocable by landowner
• Nontransferable unless agreed otherwise

Licenses are treated as contracts due to these characteristics.

Question 4

What was the significance of Marrone v. Washington Jockey Club?

Answer 4

Buying a ticket = a personal right or contract, not a right in rem. No trespass when Marrone was kicked out of the club.

This case illustrates the distinction between personal rights and property rights.

Question 5

What property rights are protected by trespass action?

Answer 5

• Exclusive Possession: protected without proof of harm
• Use & Enjoyment: protected by nuisance actions, requires substantial proof of harm
• Right in Rem: enforceable against the world

These rights form the basis of property law protections.

Question 6

What was the ruling in Jacque v. Steenberg Homes?

Answer 6

Court overturned the Bernard Rule; nominal damages can sustain punitive damages for intentional trespass.

This case emphasized the importance of the right to exclude others from property.

Question 7

What was determined in Babb v. Lee County Landfill regarding odors?

Answer 7

Odors are NOT considered trespasses; damages for temporary nuisance or trespass = loss in rental value.

This case clarifies the distinction between trespass and nuisance.