{"id":4576,"date":"2018-03-08T01:40:26","date_gmt":"2013-05-12T14:31:21","guid":{"rendered":"http:\/\/legaldictionary.lawin.org?p=4576"},"modified":"2018-03-08T01:40:26","modified_gmt":"2013-05-12T14:31:21","slug":"trespass","status":"publish","type":"post","link":"https:\/\/legaldictionary.lawin.org\/trespass\/","title":{"rendered":"Trespass"},"content":{"rendered":"

Legal Definition and Related Resources of Trespass<\/h1>\n
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Meaning of Trespass<\/h3>\n<\/div>\n

A transgression of law. It is a general<\/a> term encompassing within itself any unlawful<\/a> act against the person<\/a> of another or his property<\/a> accompanied with violence<\/a> , either actual<\/a> or implied<\/a> . Violence will be implied where<\/a> the injury<\/a> or damage<\/a> is of a direct<\/a> and immediate<\/a> kind to the person or the corporeal<\/a> property of the plaintiff<\/a> . At common law<\/a> , an action<\/a> of trespass was the proper form of writ for all direct injury or damage to persons or property, while<\/a> an action on the case was the proper remedy<\/a> for all indirect damage. See Case. Trespass to land need not necessarily involve the actual entry upon the lands by the wrong<\/a> doer. Watson v Mississippi river<\/a> power<\/a> Co., 174 Iowa 23, 156 N. W. 188. It may consist of an act or omission<\/a> that interferes with the possession<\/a> of land such as flooding of plaintiffs land or by placing or throwing anything upon the land of another or by causing vibrations as by heavy industrial<\/a> equipment and causing damage to a building<\/a> . See McNeill v Redington, 67 Cal.App.2d 315, 154 P.2d428. Trespass ab initio is where the act complained of, although authorized by law, is abused by the defendant<\/a> by some positive act of misconduct<\/a> on his part and not merely an omission or neglect<\/a> of duty. See Louisville and N.R. Co. v Bartee, 204 Ala. 539, 86 So. 394.
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Trespass Alternative Definition<\/h3>\n<\/div>\n

Any misfeasance or act of one man, whereby another is injuriously treated or damnified. 3 Bl. Comm. 208; 7 Conn. 125. Any unlawful act committed with violence, actual or implied, to the person, property, or rights of another. Any unauthorized entry upon the realty of another, to the damage thereof. The word is used oftenep in the last two somewhat restricted significations than In the first sense here ghren. In determining the nature of the act, neither the amount of violence or the intent with which it is offered, nor the extent of iiie damage acttymplished or the purpose for whidi the act was committed, are of anjr iiuportanc6; since a person who enters upon the land of another without leave, to lead oEf his own runaway horse, and who breaks a blade of grsss in so doing, commits a trespass. 2 Humph. (Tenn.) 325; 6 Johns. (N. Y.) 5. It is said that “some” damage must be committed to make an act a trespass. It is undoubtedly true that damage is required to constitute a trespass for which an action will lie; but, so far as the tort itself is concerned, it seems more than doubtful if the mere commission of an act affecting another, without legal authority, does not constitute trespass, though, until damage is done, the law will not regard it, inasmuch as the law does not regard trifles. The distinction between the different classes of trespass is of importance in determining the nature of the remedy. A trespass committed with force is said to be done “vi et armis;” one committed by entry upon the realty, “by breaking the close.” In Practice. A form of action which lies to recover damages for the injury sustained by the plaintiff, as the immediate consequence of some wrong done forcibly to his person or property, against the person committing the same. Force is the essential of the action, and distinguishes it from “trespass on the case.”
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Synonyms of Trespass<\/h3>\n<\/div>\n

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verb<\/em><\/h4>\n