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What (who) is trespass - definition

LEGAL CONCEPT

Trespassing; Tresspassing; Unlawful Entry; Trespass to the person; Trespass of the person; Unlawful entry; Tresspass; Defiant trespass; Criminal trespass; Trespass against the person; Criminal trespassing

Trespass

·v Any injury or offence done to another.

II. Trespass ·v An action for injuries accompanied with force.

III. Trespass ·vi To commit a trespass; ·esp., to enter unlawfully upon the land of another.

IV. Trespass ·vi To pass beyond a limit or boundary; hence, to depart; to Go.

V. Trespass ·v Any voluntary transgression of the moral law; any violation of a known rule of duty; sin.

VI. Trespass ·v An unlawful act committed with force and violence (vi et armis) on the person, property, or relative rights of another.

VII. Trespass ·vi To go too far; to put any one to inconvenience by demand or importunity; to Intrude; as, to trespass upon the time or patience of another.

VIII. Trespass ·vi To commit any offense, or to do any act that injures or annoys another; to violate any rule of rectitude, to the injury of another; hence, in a moral sense, to transgress voluntarily any divine law or command; to violate any known rule of duty; to Sin;

- often followed by against.

trespass

n. entering another person's property without permission of the owner or his/her agent and without lawful authority (like that given to a health inspector) and causing any damage, no matter how slight. Any interference with the owner's (or a legal tenant's) use of the property is a sufficient showing of damage and is a civil wrong (tort) sufficient to form the basis for a lawsuit against the trespasser by the owner or a tenant using the property. Trespass includes erecting a fence on another's property or a roof which overhangs a neighbor's property, swinging the boom of a crane with loads of building materials over another's property, or dumping debris on another's real estate. In addition to damages, a court may grant an injunction prohibiting any further continuing, repeated or permanent trespass. Trespass for an illegal purpose is a crime.

trespass

I

n. criminal trespass

II

v.

1) (obsol.) (D; intr.) to trespass against

2) (D; intr.) to trespass on, upon (to trespass on a neighbor's property)

Wikipedia

Trespass

Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land.

Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding, mayhem (or maiming), and false imprisonment. Through the evolution of the common law in various jurisdictions, and the codification of common law torts, most jurisdictions now broadly recognize three trespasses to the person: assault, which is "any act of such a nature as to excite an apprehension of battery"; battery, "any intentional and unpermitted contact with the plaintiff's person or anything attached to it and practically identified with it"; and false imprisonment, the "unlawful obstruction or deprivation of freedom from restraint of movement".

Trespass to chattel does not require a showing of damages. Simply the "intermeddling with or use of … the personal property" of another gives cause of action for trespass. Since CompuServe Inc. v. Cyber Promotions, Inc., various courts have applied the principles of trespass to chattel to resolve cases involving unsolicited bulk e-mail and unauthorized server usage.

Trespass to land is today the tort most commonly associated with the term trespass; it takes the form of "wrongful interference with one's possessory rights in [real] property". Generally, it is not necessary to prove harm to a possessor's legally protected interest; liability for unintentional trespass varies by jurisdiction. "At common law, every unauthorized entry upon the soil of another was a trespasser"; however, under the tort scheme established by the Restatement of Torts, liability for unintentional intrusions arises only under circumstances evincing negligence or where the intrusion involved a highly dangerous activity.

Trespass has also been treated as a common law offense in some countries.

https://en.wikipedia.org/wiki/Trespass

Examples of use of trespass

1. Mass trespass for Vixen Tor Protesters campaigning for access to a closed Dartmoor tor staged a mass trespass yesterday.

2. Don‘t we still have laws on vagrancy and trespass?

3. She was convicted of aggravated trespass and criminal damage.

4. There had also been numerous incidents of trespass.

5. Paul Copeland, an immigration lawyer in Toronto, said there are no criminal trespass provisions in Canada‘s criminal code that are equivalent to a trespass misdemeanor in the U.S. There‘s no basis to keep them out,‘‘ he said.