Trespassing Attorney

A trespass occurs when a defendant intentionally enters into the land of the plaintiff. The tort of trespass protects one’s interest in the exclusive possession of his/her land. This is to be distinguished from the tort of “nuisance” which protects one’s interest in the free and unhindered use and enjoyment of that land.

A person is subject to liability for trespass, if he/she intentionally does any of the following:

  1. Enters the land or causes another to do so;
  2. Remains on the land when asked to leave; or
  3. Fails to remove from the land a thing he/she is under a duty to remove.

Although intent to enter the land is a required element of trespass, a defendant who does not know the land belongs to another can still commit trespass. The following examples, therefore, would not be defenses to trespass:

a)      Incorrectly believing the land to be his/hers

b)      Incorrectly believing the land belongs to someone other than plaintiff

c)      Incorrectly believing that he/she is permitted to be on plaintiff’s land

d)      Incorrectly believing to have plaintiff’s consent to be on plaintiff’s land

e)      Not knowing he/she is on another’s land

Contacting a Trespass Lawyer

If you or a loved one has endured trespass, call a trespass attorney at The Rothenberg Law Firm at 1-800-624-8888 or submit an online questionnaire. The initial consultation is FREE of charge. We work on a contingency fee basis, which means if we agree to handle your case, we only get paid for our services if there is a monetary recovery of funds.

In many cases, a lawsuit need be filed before an upcoming expiration date, known as a Statute of Limitations. Therefore, it is paramount to your claim’s success to call right away to ensure that you do not waive your right to possible compensation.

Call Us