Trespass to Land Flashcards
Define Trespass
(1) Intent to enter another’s property or commit the act that causes one to enter the property,
(2) Tangible intrusion on another’s property,
(3) Physical harm not required (EXCEPT Texas).
When is D liable for trespass?
When they
(1) intend to enter another’s land,
(2) cause another to enter the land,
(3) remain on land without permission/consent, OR
(4) Fail to remove an object from the land which D has a duty to remove.
When is a trespasser indemnified from liability?
When their trespass and any resulting damage is at the direction of their employer.
What are the two approaches to damage calculations?
1) Diminution of value or reasonable restoration costs.
2) NOT by the value of the timber or property severed, but by the injury to the land by reason of its severance
What are the four defenses to trespass?
1) Consent
2) Necessity
3) Lack of Notice
4) Mistake (arguable)
Three elements of negligent trespass.
(1) D breached its duty of care,
(2) D caused a person/thing to enter P’s land, and
(3) which caused harm to the land
What must P establish to claim trespass?
P must show (1) a negligent act/omission and (2) legally cognizable damages
What is the difference between trespass and nuisance?
Trespass: no harm required, minor entry & reasonable entry allowed
Nuisance: must cause harm, action must be unreasonable
What does nuisance protect?
The right to private use and enjoy private land and public rights common to all.
Define private nuisance
is any activity that unreasonably interferes with the use and enjoyment of someone’s land.
What are the elements of private nuisance?
a) P possession of land;
b) Ds action interfered with Ps use/enjoyment of land; AND
c) Ds interference was both (a) substantial and (b) unreasonable
What is public nuisance?
any act that inconveniences or interferes with public rights common to all.
When is conduct unreasonable with regard to public nuisance?
When the gravity of harm is greater than the utility of conduct, compensation would not jeopardize the conduct, and the harm is so severe that it is greater than P should have to bear without compensation.
