Trespass to Land

Question 1

Elements of Trespass

Answer 1

1. ∆ need only act with intent
2. to cause a physical invasion
3. of a particular piece of land

Question 2

What intent is required?

Answer 2

1. ∆ desired to enter the land
2. ∆ knew that land entery was substantially certain to result

Question 3

What is ∆ liable for while trespassing?

Answer 3

∆ is liable for full extent of their harm

Question 4

Requirement for bringing an action for trespass

Answer 4

Plaintiff must be:

• in actual possession; OR
• have the right to immediate possession of the land

Question 5

How to Satisfy Physical Invasion Element:

Answer 5

1. ∆ enters or causes an object or 3rd person to enter plaintiff’s land
2. ∆ lawfully enter’s π’s land but remains under legal duty to leave
3. ∆ failed to remove an object from plaintiff’s land when under a legal duty to do so

Question 6

Damages

Answer 6

1. Nominal damages are recoverable
2. ∆ is liable for all harm caused during the trespass
3. Ejectment
   
   1. Plaintiff brings action to recover possession of real property by having ∆ removed from the property