Red-Rx7
Senior Heliman
Location: Olathe, KS - USA
| http://compuserb.com/trespass_def.htm
Criminal trespass. Criminal trespass is entering or remaining upon or in any land, structure, vehicle, aircraft or watercraft by one who knows he is not authorized or privileged to do so; and (a) He enters or remains therein in defiance of an order not to enter or to leave such premises or property personally communicated to him by the owner thereof or other authorized person; or (b) Such premises or property are posted in a manner reasonably likely to come to the attention of intruders, or are fenced or otherwise enclosed. See also Criminal.
Trespass to land. At common law, every unauthorized and direct breach of the boundaries of another's land was an actionable trespass. It is a wrong against one who has this right to possession, not necessarily against the person who has title but no immediate right to possession. No intent to commit a trespass was required. All that was necessary was that the act resulting in the trespass be volitional, and that the resulting trespass be direct and immediate. Nor did actual damage need be shown. Any trespass justified at least nominal damages. The present prevailing position of the courts, and Restatement of Torts, finds liability for trespass only in the case of intentional intrusion, or negligence, or some "abnormally dangerous activity" on the part of the defendant. Restatement, Second, Torts, § 166. See Zimmer v. Stephenson, 66 Wash.2d 477, 403 P.2d 343. Compare Nuisance.
Intrusions upon, beneath, and above surface of land. (1) Except as stated in Subsection (2), a trespass may be committed on, beneath, or above the surface of the earth. (2) Flight by aircraft in the air space above the land of another is a trespass if, but only if, (a) it enters into the immediate reaches of the air space next to the land, and (b) it interferes substantially with the other's use and enjoyment of his land. Restatement, Second, Torts, § 159. |
