Trespassing

Trespassing is the act of entering or remaining on another person's property without permission or lawful authority. It can involve land, buildings, or other real property, and may be pursued as a civil claim or a criminal offense depending on the jurisdiction and the circumstances, such as warnings, posted signage, or repeated offenses.

In common law, trespass to land refers to unlawful entry onto someone else’s real property. Trespass to chattels, or personal property, involves intentional interference with another’s possessions, resulting in harm or dispossession. Some jurisdictions also recognize criminal trespass as a separate offense when entry is prohibited by law, signs, fences, or explicit notices.

Elements and notice requirements vary by jurisdiction. Typically, liability for trespass to land requires unwanted entry or remaining on land without permission, or entering after being asked to leave. Notice can be actual, implied, or constructive (for example, clearly marked “no trespassing” or a posted fence). The presence of permission or an established open invitation can defeat liability.

Defenses commonly include consent or a valid license from the property owner, necessity to prevent greater harm, mistake of fact about permission, or entry in performance of a lawful duty. Emergency responders and certain professionals may have statutory or common-law privileges that guard against liability in specific situations.

Remedies include civil damages for harm to property or lost use, and injunctions to prevent future trespass. Criminal trespass can carry fines or imprisonment, depending on local laws and the seriousness of the offense.