Trespass and Access

Question 1

Trespass (under the common law)

Answer 1

the unprivileged intentional intrusion on property possessed by another

Question 2

Trespass: Intent

Answer 2

• voluntary/willful act, not necessary for trespasser to intend to violate owner’s right

Question 3

Trespass: Intrusion

Answer 3

this occurs the moment the non-owner enters the property (damage not necessary)

Question 4

Trespass is privileged if:

Answer 4

1. The entry is with the consent of the owner (such a person is a licensee, until the license is revoked at which point he becomes a trespasser)
2. The entry is justified by necessity to prevent a more serious harm to person or property
   
   • This is an incomplete defense where you are not liable for the trespass itself, but have to pay for any damage you cause by your intrusion
     
     1. Commonwealth v. Magadini
     2. Ploof v. Putnam contrast w/ Vincent v. Lake Erie
3. The entry is otherwise encouraged by public policy (if one trespasses to stop a crime, or to help someone out of a burning house)
4. Custom – the right to visit the gravesite of a loved one is privileged because of custom

Question 5

Benefits of having a right to exclude

Answer 5

• It enables owners to put their land to its most productive use without concern that someone will mess it up
• It gives certainty to others about where they may and may not go

Question 6

Trespass to chattel

Answer 6

• mere contact with chattel is not enough for a claim, there needs to some damage or harm to the chattel, or some bad intent, or depriving the owner from using his chattel

Emailing someone’s employees on their work computers cannot be trespass, but infecting someone’s computer with a bug or malware can be trespass to chattel.

• (See eBay inc, v. Bidder’s Edge, Inc.; But Intel v. Hamidi(email not enough)

Question 7

State v. Shack

Answer 7

under NJ common law an owner cannot deny someone who is living on his premises the right to privacy and the right to association – when private property rights interfere with people’s rights to privacy and to dignity the court has to balance the interests, and if it’s not much of a burden on the land owner, but a big burden on the migrant worker, the law will hold that it isn’t a trespass. Sort of like worker’s right to unionize.

Question 8

Consent of the Owner

Answer 8

Remember there are limits, Relativity of title, like in Desnick.

But also Food Lion, because scope of consent.

Question 9

Injunction

Answer 9

for ongoing trespass you can get an injunction from the court (although generally courts favor damages, property is unique, so the court don’t mind issuing injunctions – courts of equity can issue other remedies besides damages when damages aren’t enough, because damages doesn’t fix the problem when it comes to enjoying your property, so court will issue injunctions)

Question 10

Compensatory damages

Answer 10

• even if there is no damage to your property you are entitled to money damages. The jury will have to decide on a number. If there is damage to the property you get that on top of the nominal damages

Question 11

Restoration damages

Answer 11

– if someone modifies your property without permission (chops down your trees) you can get damages in the mount of what it would cost you to put everything back to how it used to be

• Glavin v. Eckman

Question 12

Agency

Answer 12

• if you hire someone to trespass on someone’s land you can be liable under agency if they act on your directive
  
  • Glavin v. Eckman

Question 13

Punitive damages

Answer 13

• can be awarded for trespass when the compensatory damages and the state’s fines are not enough to deter
  
  • Jacque v. Steenberg Homes, Inc.