Torts: Intentional Torts: Trespass to Land

Trespass to land – Act of physical invasion + land

    • Act of physical invasion
      • D can enter P’s real-estate on foot or in a vehicle. D need not be aware that he has entered private property. A mistake about your entitlement to be there will not insulate you from liability. It’s your burden to know where property lines are.
      • By throwing or propelling a tangible object onto P’s land.
        • EX: guy is shoved onto land. Guy who did the shoving is responsible for the trespass, not the guy who was shoved.
        • It’s not a physical invasion to propel an intangible object onto P’s land. (sight, sound, smell are not trespasses.)
    • Land
      • A P’s landowner’s interest is not confined to the surface of the property. It contains the air above and the soil below out to a reasonable distance.