Trespass to Land

Trespass to Land

Trespass to land usually happens when a person enters, stays on, or places something on land without permission. In many cases, the occupier can sue even if no physical damage was done.  

Trespass may happen in everyday situations. Examples include a neighbour cutting across a fenced garden, a contractor entering a private rooftop or parking space without consent, someone leaving tools or materials on private land, or a visitor refusing to leave after being told to go. 

Trespass is mainly a civil wrong under the law of tort. However, in some situations the same conduct may also involve criminal offences under specific statutes, depending on what the person did and where the entry took place.