Dictionary of Law
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trespass :: legal definition


Trespass - n. entering another person's property without permission of the owner or his/her agent and without lawful authority (like that given to a health inspector) and causing any damage, no matter how slight. Any interference with the owner's (or a legal tenant's) use of the property is a sufficient showing of damage and is a civil wrong (tort) sufficient to form the basis for a lawsuit against the trespasser by the owner or a tenant using the property. Trespass includes erecting a fence on another's property or a roof which overhangs a neighbor's property, swinging the boom of a crane with loads of building materials over another's property, or dumping debris on another's real estate. In addition to damages, a court may grant an injunction prohibiting any further continuing, repeated or permanent trespass. Trespass for an illegal purpose is a crime.


Related Law Terms

abandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonment
abandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent
chain of title :: n. the succession of title ownership to real prope ... title conveyance foreclosure title
claim :: 1) v. to make a demand for money, for property, or ... the government, it is lawsuit time.
common property :: n. 1) real property owned by "tenants in common," ... e, like parks and national forests.
comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence
condemn :: v. 1) for a public agency to determine that a buil ... condemnation action eminent domain
condominium :: n. title to a unit of real property which, in real ... ium projects. See also: common area
conspiracy :: n. when people work together by agreement to commi ... d conspiracy. See also: conspirator
conversion :: n. a civil wrong (tort) in which one converts anot ... the crime of theft. See also: theft
covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant
covenants, conditions and restrictions :: n. commonly called "CC and Rs," these are written ... ctive purchaser. See also: covenant
easement :: n. the right to use the real property of another f ... rstandings at the time of creation.
eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation
family purpose doctrine :: n. a rule of law that the registered owner of an a ... riving his/her car with permission.
foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional.
hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene.
indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing
indispensable party :: n. a person or entity which must be included in a ... tion to join Olivia as a defendant.
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
invitee :: n. a person who comes onto another's property, pre ... ail employees. See also: negligence
laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.).
lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
license :: 1) n. governmental permission to perform a particu ... eement. See also: licensee licensor
literary property :: n. the writings of an author which entitles him/he ... as copyrighted. See also: copyright
loss of use :: n. the inability to use an automobile, premises or ... ding or premises. See also: damages
mechanic's lien :: n. the right of a craftsman, laborer, supplier, ar ... ll sue for the debt. See also: lien
mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
non-conforming use :: n. the existing use (residential, commercial, agri ... eneral plan grandfathered in zoning
nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance
patent infringement :: n. the manufacture and/or use of an invention or i ... not. See also: infringement patent
possibility of a reverter :: n. the potential that the title to a real property ... further issue. See also: reversion
prescription :: n. the method of acquiring an easement upon anothe ... ty. See also: prescriptive easement
private road :: n. a road or driveway on privately owned property, ... ng. See also: prescriptive easement
property damage :: n. injury to real or personal property through ano ... l value. See also: damages property
quitclaim deed :: n. a real property deed which transfers (conveys) ... also: convey deed grant deed title
real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion
rental value :: n. the amount which would be paid for rental of si ... alimony to be paid. See also: rent
restraint on alienation :: n. an attempt in a deed or will to prevent the sal ... enant rule against perpetuities use
restrictive covenant :: n. 1) an agreement included in a deed to real prop ... o: covenant that runs with the land
resulting trust :: n. a trust implied by law (as determined by a cour ... See also: constructive trust trust
seized :: (seised) n. 1) having ownership, commonly used in ... by force. See also: seisin seizure
self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide
servient estate :: n. real property which has an easement or other us ... See also: dominant estate easement
spot zoning :: n. a provision in a general plan which benefits a ... . See also: grandfathered in zoning
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
subject to :: adj. referring to the acquisition of title to real ... : assumption deed of trust mortgage
tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax
theft :: n. the generic term for all crimes in which a pers ... rglary embezzlement larceny robbery
title insurance :: n. a policy issued by an insurance company guarant ... : chain of title title title search
tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death
use :: n. the right to enjoy the benefits of real propert ... ay it is only of academic interest.
waste :: n. 1) any damage to real property by a tenant whic ... ch may include poisonous effluents.

Popular Law Searches

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Other Law Terms - T

T.R.O. :: n. legal slang for temporary restraining order. Se ... order. See also: restraining order
tainted evidence :: n. in a criminal trial, information which has been ... e search and seizure search warrant
take :: v. to gain or obtain possession, including the rec ... eal property or stealing an object.
taking the Fifth :: n. the refusal to testify on the ground that the t ... ifth." See also: self-incrimination
tangible property :: n. physical articles (things) as distinguished fro ... operty personal property personalty
tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax
tax costs :: n. a motion to contest a claim for court costs sub ... sts" to avoid paying these charges.
Tax Court :: n. a federal agency with courts in major cities wh ... Appeals. See also: court income tax
tax evasion :: n. intentional and fraudulent attempt to escape pa ... o reduce the amount of payable tax.
tax return :: n. the form to be filed with a taxing authority by ... able to the taxpayer. See also: tax
tax sale :: n. an auction sale of a taxpayer's property conduc ... government to collect unpaid taxes.
temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction
temporary insanity :: n. in a criminal prosecution, a defense by the acc ... diminished capacity insanity intent
tenancy :: n. the right to occupy real property permanently, ... rety tenancy in common tenant title
tenancy at sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
tenancy at will :: n. occupation of real property owned by another un ... right to occupy. See also: tenancy
tenancy by the entirety :: n. joint ownership of title by husband and wife, i ... ee also: community property tenancy
tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy
tenant :: n. a person who occupies real property owned by an ... rental payments. See also: tenancy
tender :: 1) v. to present to another person an unconditiona ... he tender. See also: delivery offer