trespass

Trespass is a category of wrongs in property and tort law that concerns unlawful interference with another's land or possessions. It is rooted in English common law and remains a foundational concept in many civil and criminal statutes around the world. The term also historically included direct harm to a person, though modern law treats assault and battery as separate torts or crimes.

Trespass to land involves an intentional act of entering another’s property or remaining on it without permission, or causing an object to enter the property. The key elements are a possessory right in the land, an intentional or reckless entry or intrusion by the defendant, and lack of lawful justification. Consent, license, or necessity can serve as defenses. Damages may be awarded for actual harm or loss of use, or may be nominal where no measurable harm occurred; injunctions to prevent further entry are also possible.

Trespass to chattels (personal property) occurs when a person intentionally interferes with someone else’s lawful possession of a movable item, causing damage or dispossession and impairing use. Elements include possession by the plaintiff, intentional interference, and actual harm or deprivation. Defenses mirror those for trespass to land, such as consent or necessity, and remedies typically consist of damages reflecting the diminution in value or use of the property.

Trespass to the person, historically a category within common law, covered intentional direct contact with another person. In modern practice, most jurisdictions classify such harms under assault and battery or related intentional torts or criminal offenses.

Criminal trespass statutes supplement civil remedies, penalizing entry or remaining on property after notice or fencing, with penalties varying by jurisdiction. Remedies in civil cases emphasize damages, injunctive relief, and prevention of further trespass.