Trespass

A trespass is an unauthorized action with respect to a person or property.   A trespass to the person consists of any contact with someone’s person for which consent was not given.  This is technically described as a battery.  An assault would be a situation where a plaintiff reasonably believed a battery upon his person was about to be committed. An example of an assault would be where one person swings his fist at another person.  If the person made contact, this would be an assault and a battery.  A defense to assault and battery would be in cases of self defense.

 A trespass to land involves going on or above the property of another without permission.  A trespass can also involve the unpermitted use of the airspace of another’s property as well as actually going on the actual property.  However, this rule has been modified to allow the flight of aircraft above the land as long as it does not inter­fere with the proper use of the land.

 A trespass to personal property is the use of someone’s property without person.  A conversion occurs when personal property is taken by a defendant and kept from its true owner without permission of the owner.  Conversion is the civil side of the crime of theft.


Inside Trespass