trespass

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
Trespass is an area of criminal law or tort law broadly divided into three groups: trespass to the person, trespass to chattels and trespass to land.
Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding, mayhem (or maiming), and false imprisonment. Through the evolution of the common law in various jurisdictions, and the codification of common law torts, most jurisdictions now broadly recognize three trespasses to the person: assault, which is "any act of such a nature as to excite an apprehension of battery"; battery, "any intentional and unpermitted contact with the plaintiff's person or anything attached to it and practically identified with it"; and false imprisonment, the "unlaw[ful] obstruct[ion] or depriv[ation] of freedom from restraint of movement".
One can Retrieve wounded or expired game from neighboring properties and boundaries even if the neighboring land owner does not give permission as long as there are no weapons in possession while retrieving game caus[ing] injury". Trespass to chattel does not require a showing of damages. Simply the "intermeddling with or use of … the personal property" of another gives cause of action for trespass. Since CompuServe Inc. v. Cyber Promotions, Inc., various courts have applied the principles of trespass to chattel to resolve cases involving unsolicited bulk e-mail and unauthorized server usage.Trespass to land is today the tort most commonly associated with the term trespass; it takes the form of "wrongful interference with one's possessory rights in [real] property". Generally, it is not necessary to prove harm to a possessor's legally protected interest; liability for unintentional trespass varies by jurisdiction. "[A]t common law, every unauthorized entry upon the soil of another was a trespasser"; however, under the tort scheme established by the Restatement of Torts, liability for unintentional intrusions arises only under circumstances evincing negligence or where the intrusion involved a highly dangerous activity.Trespass has also been treated as a common law offense in some countries.

View More On Wikipedia.org
  1. M

    SA Trespass and theft charges for under 14yo

    My son and his mate, both under 14, entered smn else's vacant house, stole nothing of value (a couple of coins) and now face criminal charges. His pal had previous problems with police and entered first, while my son followed and did not try to do anything funny when police came. What are the...
  2. S

    WA Threat of Trespass and repair of property

    I live in a strata building and we had a water issue. We contracted some roofers to fix the issue which involved pulling off the ridge capping of the next doors property, replacing it with wider capping and recessing it into our wall and sealing it to prevent water damage. The police were...
  3. H

    VIC What Constitutes Trespass?

    I have a situation in which I have been accused of trespass on 2 occasions now by my ex-husband. The first situation involved a breach of court orders in which he had failed to provide 7 days notice that he had moved houses. I knew he had moved because the children (who are with him about 40%...
  4. A

    VIC Council Trespass? Unauthorised inspection?

    I own a small LDRZ block and on it I have a caravan on stands and other items, all which sit on the ground, nothing is 'connected with the land'. The items also have no physical connection with each other. My local Council Officers took it upon themselves to enter my property without notice...
  5. A

    NSW Property Law - Creating Access from Right of Way?

    We access our property (dominant tenement) over a series of Right of Ways from a public road. We have recently lodged a DA to build a house. The Right of Way that we access our property is tarred, however, the verge is grass (about 6m). We need to construct access from the tarred surface, over...
  6. J

    NSW Separation - Am I Trespassing on My Own Property?

    Hi, I am desperately seeking answers! My husband and I have been separated for the past seven years. However, we are still yet to divorce. We have 3 children together, one which lives full time with me and the other two who are 50/50 each. My husband and I have four properties shared between...
  7. B

    NSW Shoplifting at CostCo - Will I Hear from Police?

    Hi, I was caught shoplifting at Costco in NSW yesterday to my absolute shame. First time ever due to some circumstances in personal life...and I reacted stupidly. Was taken aside by LP who took back the things, was made to sign a trespass form and told not welcome there again which I...
  8. J

    QLD Trespass by estranged son

    Hi, trying to help my neighbour in this situation please. I understand trespass is a civil matter here. He is estranged from his son, and about two years ago he had a solicitor friend tell him what to write on some sort of trespass letter telling his son to keep off the property and away from...
  9. D

    ACT Neighbour Applied for Vexatious DVO Against Husband - What to Do?

    My husband and I have a long running dispute trying to get a fallen down fence between ours and our neighbour's property replaced. After several years, we have taken the matter to the ACT Tribunal for a determination and await our hearing to settle the matter. There are several other issues...
  10. J

    VIC Should I Charge Occupiers with Trespass?

    I have a person(s) living in a house that I own without my permission. They do not, and never did, have a tenancy agreement and I wish them to leave the property as soon as possible. The house was occupied by my son and one of the (now) occupiers was his girlfriend but they are no longer in a...