What Is a Trespassing Violation?

Trespassing involves interfering with another's right of possession.

Trespassing is the general act of interference with another person's rights to possess land or property. However, the specific acts that constitute trespass depend heavily on state law; those with specific questions should consult a local attorney.

Land Trespass

All jurisdictions recognize the act of trespassing in some form, and subject the trespasser to civil suit. To be liable for trespass to land, the trespasser must have intentionally made physical entry of another's property. In most states, the act of intentional entry constitutes trespassing, even if the entering individual did not know that he was entering another person's property.

Personal-Property Trespass

Interference with another's right of personal (non-land) property constitutes the tort of trespass to chattels. Trespass to chattels requires the trespasser to have intentionally acted to interfere with possession; again, in most states, it does not matter whether the trespasser knew whose property it was.

Criminal Trespassing

Trespassing may become a criminal matter, although the requirements and penalties of the crime depend upon specific state law. In most states, trespassing can become criminal when the trespasser acts willfully, meaning that he knows that he enters property without owner permission, or remains on the property after such permission has been revoked.

References

• "Tort Law and Alternatives: Cases and Materials (8th Edition)"; Franklin, Marc. A; Foundation Press; 2006
• Mojo Law: Trespass to Land
• Nolo: Definition of Trespass
• U.S. Legal: Burglary and Criminal Trespass Law and Legal Definition
• "Black's Law Dictionary (Seventh Edition)"; Garner, Bryan (Editor);1999

Resources

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