Trespass to land: Difference between revisions

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{{Template:TortLaw}}
'''Trespass to land''' is a [[common law]] [[tort]] that is committed when an individual intentionally (or in Australia negligently) enters the land of another without permission. TheTrespass to land is ''actionable per se''. Thus, the party whose land is entered may recover [[nominal damages]] if no actual harm is done,. andA court may receiveorder payment of damagers or an [[injunction]] against continuing trespasses as remedies for the tort.
 
For trespass to be actionable, the [[tortfeasor]] must intend tovoluntarily go to a specific ___location, but need not be aware that he has entered the property of a particular person, or even that he has entered private property at all! Therefore, if A forces against his or her will B onto C's land, C will not have action in trespass against B, because the trespass was involuntary. C may instead claim against A.
 
IfIn most jurisdictions, if a person were to trip and roll down a hill onto private property, there would be no trespass, because the person did not intend to go to the bottom of the hill. However, in Australia, ''negligence'' may substitute the requirement for intent. Thus in that country, if the person trips and rolls for want of due care, he or she would likely be found to have committed trespass.
 
As with other intentional torts, the defences of [[necessity]] and [[consent]] are available for trespass to the person.
If a person were being chased by a wild bull, and ran onto private property to get to safety by climbing a tree, there would be a trespass, but the tortfeasor would be able to raise the defense of private [[necessity]].
 
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