Trespass is an unauthorized entry onto another person’s land or an interference with that person’s possessory rights. In plain language, it is the legal wrong of going onto property or causing something to go onto property without permission or legal justification.
Why It Matters
Trespass matters because property rights are not only about ownership on paper. They also protect possession, boundaries, and the right to exclude others. The doctrine gives property holders a way to challenge unauthorized entry even when the financial harm is small or hard to measure.
It also helps readers distinguish direct property invasion from broader interference doctrines such as nuisance.
Where It Appears
Trespass appears in boundary disputes, access disputes, protest cases, construction conflicts, recurring intrusion cases, and claims involving physical objects or substances entering another’s property. It can also appear alongside nuisance when both direct entry and broader interference are involved.
Practical Example
A contractor repeatedly stores equipment on a neighboring lot without permission while working next door. Even if the neighbor cannot show major financial loss, the contractor’s conduct may support a trespass claim.
How It Differs From Nearby Terms
- Nuisance often concerns interference with use and enjoyment, not necessarily direct entry.
- Trespass focuses more directly on unauthorized invasion of possessory interests.
- Damages are one possible remedy, but the wrong itself is the unauthorized intrusion.
Related Terms
Knowledge Check
- Can trespass matter even if the property owner cannot show major economic loss? Yes. Trespass protects possessory rights, not just measurable monetary harm.
- What is the key contrast with nuisance? Trespass focuses on unauthorized entry, while nuisance often focuses on interference without direct entry.