intentional torts

Trespass to Land

Trespass to Land may seem unimportant, but let it serve as a reminder to all you 3Ls that you need to be reviewing early to prepare for the bar exam. And for the 1Ls and 2Ls, why not quiz yourself to see if you actually remember the four elements of this tort. To review what you covered during your first few weeks of Torts, considering watching a video on the six intentional torts.

Definition

Trespass to land occurs when someone has the intent to enter the land in possession of another. The four elements of the tort trespass to land are intent, enter, land, and possession.

To meet the element of intent, the defendant must either desire or know to a substantial certainty that they will interfere with another’s right of possession. For example, Duffy is rushing home and decides to run though Neighbor’s yard as a short cut. Duffy has the requisite intent. Keep in mind that an honest but mistaken belief as to the ownership of the property is irrelevant, so long as there is the intent to enter the land of another.

The next element is to enter. The entering of another’s land results in trespass to land, including a single footstep that results in no actual damages. Entering can occur when: (1) a person enters the land; (2) a person refuses to leave the land after he was invited onto the land; (3) a person causes another person to enter the land; (4) a person causes an object to enter the land; or (5) a person fails to remove his personal property from the land.

Land is defined as the ground, the air space above the ground, and the material beneath the ground. It also includes anything attached to the land. Examples of things attached to the land include buildings, trees, or flag poles.

Possession means that the property must be in the lawful possession of another person.

To recap, trespass to land occurs when someone has the intent to enter the land in possession.

Outline

When you create an outline for Trespass to Land it should look something like this:

Trespass to Land

Intent: the defendant must either desire or know to a substantial certainty that he or she will interfere with another’s right of possession.
1. An honest but mistaken belief as to the ownership of the property is irrelevant, so long as there is intent to enter the land of another.
Enter: entering of another’s land
1. enters the land,
2. refuses to leave the land after he or she was invited onto the land,
3. causes another person to enter the land,
4. causes an object to enter the land, OR
5. fails to remove his personal property from the land
Land: ground, airspace above the ground, and material beneath the ground
1. Could also be anything attached to the land (buildings, trees, flag poles, etc.)
Possession: the property is in the lawful possession of another person.

Trespass to Land Resources

Don’t forget to check out my ebook on the intentional torts. And if you really want to challenge yourself, try out some of the free exam questions that I used in actual law school exams.

If you’re interested in some of the remedies available for the plaintiff when recovering from the trespass to land, here is an article on trespass to land remedies.

If you are a first semester law student taking a midterm exam, intentional torts are likely on the exam. This means you will likely see some questions on Intentional Torts. In this blog post I will help break down what you should write about on an essay exam. Also, what to keep in mind on a multiple choice question.

These six torts require an intentional act directed at a victim or a victim’s property. Intent in this context requires that the wrongdoer either committed the act on purpose (or desired the outcome). A second way of establishing intent is when the wrongdoer knew to a substantial certainty that the result would occur. The intent requirement is different from the two other types of torts, negligence and strict liability.

Negligence and Strict Liability

Negligence focuses on the unreasonable conduct of the wrongdoer, while strict liability looks at certain activities that the law classifies under the strict category. For example, keepers of wild animals, products liability, or those that use explosives. For some interesting statistics, you may want to read about the different type of tort actions brought in the United States.

Once a plaintiff is successful in establishing that an intentional tort has occurred, the defendant can avoid liability by proving that there is an affirmative defense that applies. An affirmative defense is a legally recognized excuse for a person that committed the act to avoid liability. These defenses include consent, necessity, self-defense, defense of others, and defense of property.

Damages

Once a jury determines that a person is guilty of committing a tort, the final step is for the jury to determine the amount of damages that should be awarded. Tort law is very generous and attempts to place the victim back into the place they would have been if the injury had never occurred. This means that a plaintiff may recover all damages that are reasonably related to his or her injury.

Summary

The topics you could discuss on an intentional tort exam question:

Intent: unless the essay indicates that intent is present, then you absolutely need to establish the intent element. Intent requires that the wrongdoer either committed the act on purpose, desired the outcome, or that the wrongdoer knew to a substantial certainty that the result would occur.
Elements of the tort: this will depend on the tort. For example, here is a video on battery.
Affirmative defense: a wrongdoer will argue this to avoid liability even though he or she did in fact commit the tort of which he or she is being accused. These defenses include:
1. Consent
2. Necessity
3. Self Defense
4. Defense of Others
5. Defense of Property
Damages: the jury will determine the plaintiff’s recovery. The general rule is that the plaintiff should receive an amount that will place them in the position he or she would have been if the injury had never occurred.

Good luck on those midterms!

For a better understanding of the intentional torts, you can check out our book on the intentional torts or our course: Introduction to the Intentional Torts. If you want something that is covers all of Torts, you will want to look at Understanding Torts by Diamond, Levine, and Bernstein.

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