Trespass to Land

Question 1

What is trespass to land?

Answer 1

Δ intentionally enters or causes something to enter the land of P interferring with P’s possessory interest

Question 2

What are the elements of trespass to land?

Answer 2

1. Intent
2. Entry
3. the plaintiff’s land

Question 3

What does P need to show in order to establish intent for trespass to land?********

Answer 3

• Δ desired to enter the land
• Δ knew that entry to the land was virtually certain to result due to their actions

NOTE - Mistake does not matter; irrelevant

• it is not the intent to trepass but the intent to enter the land of another

Question 4

What is a person liable for when they trespass?

Answer 4

For the full extent of their harm

Question 5

How is the element of entry (physical invasion) satisfied?

Answer 5

1. the Δ enters or causes a 3rd person or object to enter P’s land
2. the Δ enter P’s land lawfully but remains when under a lgal duty to leave
3. the Δ fails to remove an object from P’s land when under a duty to do so

Question 6

What constitutes as P’s land?

Answer 6

• It extends to a reasonable amount above the surface & a reasonable amount below the surface
• Anyone in possession of the land can bring an action
  
  • i.e. - land owner, tenant, adverse possessor

Question 7

What are the remedies to trespass to land?

Answer 7

1. Legal remedies
   
   • damages
2. Restitutionary remedies
   
   • ejectment
3. Equitable remedies
   
   • injunction