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Intentional Torts - studieboek - Trespass to Land

5 important questions on Intentional Torts - studieboek - Trespass to Land

What is the definition of trespass to land?

Trespass protects a plaintiff's interest in the surface land itself,the earth or other material beneath the surface, and “the airspace above it.” Depending upon the seriousness of thecontamination of plaintiff's land or environment, defendant maybe liable in trespass where the pollution or contaminationinterferes with plaintiff's possessory rights in the land, the landbeneath it, or the ambient air.

What is the restatement for trespass to land?

One is subject to liability to another from trespass, irrespective of whether he thereby causes harm to any legally protected interest of the other, if he intentionally:
a) Enters land in the possession of the other
b) remains on the land
c) fails to remove from the land a thing which he is under a duty to remove

What are the requirements for trespass to land?

Intent
The requisite Physical Invasion and Harm

How can one prove intent for Trespass to land?

Trespass is an intentional tort, and plaintiff must prove that analleged trespasser had the requisite mental state to commit thetort. Restatement states that the word “intent” is used in tortlaw “. . . to denote that the actor desires to cause theconsequences of his act, or that he believes that theconsequences are substantially certain to result from it.”

What is the requisite Physical Invasion and Harm?

In most jurisdictions, invasions of plaintiff's property thatamount to trespass may also, if they interfere with plaintiff's useand enjoyment of the property, be actionable in nuisance. Insuch circumstances, “plaintiff may have his choice” of a claim intrespass or in nuisance, “or may proceed upon both.”

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English for Law

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