What is trespass? Types of trespass. Defenses to trespass Conclusion
trespass to goods trespass to personal property
Remedies for trespass to chattel include damages, liability for conversion, and injunction, depending on the nature of the interference.
Defenses Defense of property Self-defense Consent Child correction
Defenses to trespass to land Defenses to trespass to land license justification necessity jus tertii License is express or implied permission, given by the possessor of land, to be on that land. Justification by law refers to those situations in which there is statutory authority permitting a person to go onto land Jus tertii is where the defendant can prove that the land is not possessed by the plaintiff
At common law a trespass was not criminal unless it was accomplished by violence or breached the peace. Some modern statutes make any unlawful entry onto another's property a crime. When the trespass involves violence or injury to a person or property, it is always considered criminal, and penalties may be increased for more serious or malicious acts.