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Encyclopedia > Trespass
A sign warning against trespassing
A sign warning against trespassing
UK sign
UK sign

In law, trespass can be: Unlawful Entry is a 1992 thriller film directed by Jonathan Kaplan starring Kurt Russell, Ray Liotta. ... Image File history File links Download high resolution version (1006x1490, 191 KB) Taken June 17, 2005. ... Image File history File links Download high resolution version (1006x1490, 191 KB) Taken June 17, 2005. ... For other uses, see Law (disambiguation). ...

  1. the criminal act of entering another person's land or property without permission of the owner or lessee; [1]
  2. a civil law tort that may be a valid cause of action to seek judicial relief and possibly damages through a lawsuit - see trespass to land.[2]

In some jurisdictions trespassing is an infraction or misdemeanor covered by a criminal code. In other jurisdictions, it is not considered a crime or penal in nature. Property is protected from trespass under civil law and privacy acts. In England and Wales, despite the prevalence of notices asserting that "trespassers will be prosecuted", unless the trespass is aggravated in some way, it will only be a civil wrong. For other uses, see Crime (disambiguation). ... This article or section does not cite any references or sources. ... ... This article is about civil law within the common law legal system. ... This article is about legal torts. ... In the law, a cause of action is a recognized kind of legal claim that a plaintiff pleads or alleges in a complaint to start a lawsuit. ... Look up Injunction in Wiktionary, the free dictionary. ... Look up damage in Wiktionary, the free dictionary. ... Civil action redirects here. ... 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 lawful excuse. ... This article does not cite any references or sources. ... For the similarly spelled medical term referring to a blocked artery, see infarction. ... A misdemeanor, or misdemeanour, in many common law legal systems, is a lesser criminal act. ... The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply. ... This article is about civil law within the common law legal system. ... Privacy is the ability of an individual or group to control the flow of information about themselves and thereby reveal themselves selectively. ... This article is about legal torts. ...

Contents

Trespass law

Although criminal and civil trespass laws vary from each jurisdiction, the following facets are common:

  • Property owners and their agents (for example, security guards) may only use reasonable force to protect their property. For example, setting booby traps on a property to hurt trespassers and shooting at trespassers are usually forbidden except in extreme circumstances. Several US states, however, preserve to varying degrees the Castle Doctrine, a concept from English common law allowing the use of deadly force against trespassers. The US state of Texas in particular has especially broad guidelines for the acceptable use of deadly force.[1]
  • Not all persons seeking access to property are trespassers. The law recognizes the rights of persons given express permission to be on the property ("invitees") and persons who have a legal right to be on the property ("licensees") not to be treated as trespassers; for example, a meter reader on the property to read the meter. A police officer or process server seeking to execute a warrant is a licensee. A surveyor studying the land for government use (usually map making). Someone such as a door-to-door salesman or missionary (a Jehovah's Witness or Mormon for example), would be a solicitor and not afforded the invitee exclusion to enter the private portion of the premises, and therefore be a trespasser. In a more recent case, Jehovah's Witnesses refused to get government permits to solicit door-to-door in Stratton, Ohio. In 2002, the case was heard in the U.S. Supreme Court. The Court ruled in favor of the Jehovah's Witnesses, holding that making it a misdemeanor to engage in door-to-door advocacy without first registering with the mayor and receiving a permit violate the first Amendment as it applies to religious proselytizing, anonymous political speech, and the distribution of handbills.[3]
  • Most jurisdictions do not allow "self-help" to remove trespassers. The usual procedure is to ask the trespassing person to leave, then to call law enforcement officials if they do not. As long as the trespasser is not posing an immediate threat, they cannot be removed by force. It is usually illegal to arrest a trespasser and hold them on the property until law enforcement arrives as this defeats the purpose of allowing them to cure the trespass by leaving. A large exception to this rule are railroads in the United States and Canada, who employ their own police forces to enforce state or provincial trespassing laws. Railroad police have the ability to independently arrest and prosecute trespassers without the approval or assistance of local law enforcement. Further, in many jurisdictions, trespassing on railroad tracks is considered a very severe offense comparable to drunk driving, with severe fines imposed on the tresspassers.
A sign warning against trespassing at Mater Dei High School in New Jersey
A sign warning against trespassing at Mater Dei High School in New Jersey
  • Most, though not all, jurisdictions allow "Benevolent Trespassing" for extreme situations. For example, if you have a car accident and somebody is injured, you may legally force entry into an empty building to call an ambulance. Similarly, if a structure is burning, one may forcibly enter to rescue persons trapped inside. The law assumes people will make a reasonable effort to notify property owners if possible.
  • Similarly "Good Samaritan" laws take precedent over property laws where applicable. Civilians are afforded certain protection in emergencies - people cannot generally sue their would-be rescuers for breaking ribs attempting CPR, or damaging property while helping a person in need. Obviously, professionals (EMT, Doctors, etc) are held to a higher standard, even when they're not "on the clock."
  • Marking property as private property can be done in a variety of ways. The most obvious way is to put up a sign saying "No Trespassing" or "Private Property". However, a continuous fence has the same effect in most places. Many jurisdictions allow the use of markers when fencing would be impractical or expensive. For example, Ontario, Canada allows the use of red paint on landmarks such as trees to mark the boundaries of private property.
  • Property owners may allow some trespasses while excluding others. For example a sign saying just "No Hunting" could conceivably allow hiking, snowmobiling, or bird-watching, but would give notice to hunters that they would be trespassing if they entered onto the property.
  • Trespass is not limited to human beings. For example, the owner of cattle or dogs may be responsible for an animal's trespass in some jurisdictions. Further by causing an object to enter a property one can committ an act of trespass, whether it be earthworks, flood water, or objects thrown onto the property or allowed to travel onto the property.

A security guard is a private person who is employed to protect property and people. ... This article is about an antipersonnel trap designed for use against humans. ... In the law of torts, property, and criminal law a trespasser is a person who is trespassing on a property, that is, without the permission of the owner. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... For other uses, see Texas (disambiguation). ... In the law of torts, an invitee is a person who is invited to land by the possessor of the land as a member of the public, or one whos invited to the land for the purpose of business dealings with the possessor of the land. ... A licensee is a term used in the law of torts to describe a person who is on the property of another, despite the fact that the property is not open to the general public, because the owner of the property has allowed the licensee to enter. ... Service of process is the term given to legal notice of a court or administrative bodys exercise of its jurisdiction over a person (defendant etc. ... Surveyor at work with a leveling instrument. ... Jehovahs Witnesses (JW) are members of a worldwide Christian denomination. ... This article is about the history and use of the word Mormon. For information about the religious beliefs and culture of Mormons, see Mormonism. ... In the law of torts, property, and criminal law a trespasser is a person who is trespassing on a property, that is, without the permission of the owner. ... For other uses, see Arrest (disambiguation). ... This is the top-level page of WikiProject trains Rail tracks Rail transport refers to the land transport of passengers and goods along railways or railroads. ... Drunk driving (drink driving in the UK) or drinking and driving is the act of operating a motor vehicle after having consumed alcohol (i. ... Image File history File linksMetadata Size of this preview: 800 × 534 pixelsFull resolution (1867 × 1247 pixel, file size: 327 KB, MIME type: image/jpeg) No trespassing sign at Mater Dei High School in New Jersey. ... Image File history File linksMetadata Size of this preview: 800 × 534 pixelsFull resolution (1867 × 1247 pixel, file size: 327 KB, MIME type: image/jpeg) No trespassing sign at Mater Dei High School in New Jersey. ... For other uses, see Ambulance (disambiguation). ... For other meanings of CPR, see CPR (disambiguation). ... This article is about the Canadian province. ... Two hikers in the Mount Hood National Forest Eagle Creek hiking Hiking is a form of walking, undertaken with the specific purpose of exploring and enjoying the scenery. ... A snowmobile tour at Yellowstone National Park (NPS Photo) A snowmobile is a land vehicle propelled by one or two rubber tracks, with skis for steering. ... Birding or birdwatching is a hobby concerned with the observation and study of birds (the study proper is termed American origin; birdwatching is (or more correctly, was) the commonly-used word in Great Britain and Ireland and by non-birders in the United States. ... Hunters was a commissioned soundtrack for the Discovery Channel series Hunters: The World of Predators and Prey. ... For general information about the genus, including other species of cattle, see Bos. ... Trinomial name Canis lupus familiaris The dog (Canis lupus familiaris) is a domestic subspecies of the wolf, a mammal of the Canidae family of the order Carnivora. ...

Other legal uses

  • Assault and battery are trespasses to the person and actionable in tort as such.
  • The unlawful interference with the goods of another is a trespass against his goods, and actionable in tort, usually as conversion or detinue.
  • Actions for breach of contract was developed by the common law courts out of trespass and came to be called trespass on the case.

At common law, battery is the tort of intentionally (or, in Australia, negligently) and volitionally bringing about an unconsented harmful or offensive contact with a person or to something closely associated with them (i. ... This article is about legal torts. ... In tort law, detinue is an action for the wrongful detention of goods from an individual who has a greater right to immediate possession than the current possessor. ... A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Writ of Trespass and Writ of Trespass on the Case are the two catchall torts from English Common Law, the former involving trespass against person, the latter involving trespass against anything else which may be actionable. ...

Wider uses

The term 'trespass' is also used for a transgression in general, also in the traditional version of the Lord's Prayer. Look up transgression in Wiktionary, the free dictionary. ... The Sermon on the Mount by Carl Heinrich Bloch. ...


Prevention

The front entrance of Whitwell Station, Reepham, UK, displaying some of the anti-trespassing techniques deployed.
The front entrance of Whitwell Station, Reepham, UK, displaying some of the anti-trespassing techniques deployed.

There are many methods land owners use to prevent trespassing, usually depending on the terrain, risk, importance (personal, cultural or economic) and size of the property. Image File history File linksMetadata Download high-resolution version (2048x1536, 979 KB) The front entrance of Whitwell Station, Reepham, displaying some of the anit-trespassing techniques deployed. ... Image File history File linksMetadata Download high-resolution version (2048x1536, 979 KB) The front entrance of Whitwell Station, Reepham, displaying some of the anit-trespassing techniques deployed. ...


Some of the most common are also the most basic - barbed wire, warning signs and fencing. See also Physical security. Typical modern agricultural barbed wire. ... Look up signs in Wiktionary, the free dictionary. ... A fence in Westtown Township, Pennsylvania. ... Physical security describes measures that prevent or deter attackers from accessing a facility, resource, or information stored on physical media. ...


Another use of the term 'trespass' is used in the arena of people building and coaching; in order to effectively assist anyone to change for the better, trespass must be acquired, being the permission to enter someone's mental arena to cause change in the individual. Many enter without permission and this is considered rape of the mind. Trespass in this area must be acquired over and over again; it cannot be assumed to have gained permanently as the mind and heart of a (wo)man is a sensitive arena and damage can be caused easily.


See also

The Countryside and Rights of Way Act 2000 is a UK act of parliament which came into force on November 30, 2000. ... Forcible entry is the act of entering a house or building with destructive methods. ... The right of public access to the wilderness, or everymans right, is a convention of property rights in the Nordic countries of Sweden, Finland and Norway, in addition to parts of Scotland (Shetland/Orkney), which allows the common public the right of access to the land, be it public... For railroad track easement see Track transition curve. ... Property is theft! (French: La propriété, cest le vol!) is a slogan coined by the French anarchist Pierre-Joseph Proudhon in his book What is Property? Or, an Inquiry into the Principle of Right of Government. ... The freedom to roam, or everymans right is a term describing the general publics ability to access land, be it public or privately owned. ...

References

  1. ^ Dictionary of Real Estate law. Accessed May 28, 2008.
  2. ^ Inc.com article. Accessed May 28, 2008.
  3. ^ Watchtower Bible and Tract Society v. Village of Stratton — 536 U.S. 150 (2002)

  Results from FactBites:
 
Trespasser - Wikipedia, the free encyclopedia (734 words)
In the law of torts, property, and criminal law a trespasser is a person who is trespassing on a property, that is, without the permission of the owner.
At the same time, the status of a visitor as a trespasser (as opposed to an invitee or a licensee) defines the legal rights of the visitor if they are injured due to the negligence of the property owner.
Furthermore, a trespasser who is injured while on the defendant's property can not sue under a theory of strict liability, even if the landowner was engaged in ultrahazardous activities, such as the keeping of wild animals, or the use of explosives.
Jurassic Park: Trespasser - Wikipedia, the free encyclopedia (1670 words)
Jurassic Park: Trespasser (also known as Trespasser) is a computer game, which was released in 1998 for the PC after much hype and anticipation [1].
Trespasser was one of the first games to feature bump mapping and specular highlighting.
Trespasser was designed to have a complex artificial intelligence routine, giving each creature on the island its own set of emotions; fear, happiness, hunger, among many others.
  More results at FactBites »

 
 

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