Violation of Property

Violation of property may be civil or criminal.

Violation of property can be either a crime or one of several intentional torts; however, the general term for such violation is "trespassing." Trespassing laws vary by state. For answers on specific property violations, you should consult an attorney.

Trespass to Land

Most modern trespassing violations are trespass to land. The tort of trespass to land conveys civil (lawsuit) liability. Trespass to land requires that the defendant physically invade the plaintiff's real property with intent to enter. In most states, the defendant need not have known that he was trespassing; intent to enter the property, even innocently, is sufficient.

Trespass to Chattels

When the defendant interferes with the plaintiff's personal property, such interference constitutes the tort of trespass to chattels, also a civil matter. The defendant must intend to perform the act that caused the interference with the plaintiff's possession, even if she did not know her act would do so.

Criminal Trespass

Criminal trespass, which may subject the defendant to criminal prosecution, generally requires an element of willfulness. The defendant must enter the property of another and must be aware that he enters without the owner's permission.

References

• Mojo Law: Trespass to Land
• Nolo.com: Definition of Trespass
• U.S. Legal: Burglary and Criminal Trespass Law and Legal Definition
• "Tort Law and Alternatives: Cases and Materials (8th Edition)"; Franklin, Marc. A; Foundation Press; 2006

Resources

• Mother Earth News: "Keep Out! The Basics of Trespassing Laws"