Trespass
Legal Definition and Related Resources of Trespass
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Meanings, Synonyms, Etymology, Translations and More
Meaning of Trespass
A transgression of law. It is a general term encompassing within itself any unlawful act against the person of another or his property accompanied with violence , either actual or implied. Violence will be implied where the injury or damage is of a direct and immediate kind to the person or the corporeal property of the plaintiff. At common law , an action of trespass was the proper form of writ for all direct injury or damage to persons or property, while an action on the case was the proper remedy for all indirect damage. See Case. Trespass to land need not necessarily involve the actual entry upon the lands by the wrong doer. Watson v Mississippi river power Co., 174 Iowa 23, 156 N. W. 188. It may consist of an act or omission that interferes with the possession of land such as flooding of plaintiffs land or by placing or throwing anything upon the land of another or by causing vibrations as by heavy industrial equipment and causing damage to a building. See McNeill v Redington, 67 Cal.App.2d 315, 154 P.2d428. Trespass ab initio is where the act complained of, although authorized by law, is abused by the defendant by some positive act of misconduct on his part and not merely an omission or neglect of duty. See Louisville and N.R. Co. v Bartee, 204 Ala. 539, 86 So. 394.
Trespass Alternative Definition
Any misfeasance or act of one man, whereby another is injuriously treated or damnified. 3 Bl. Comm. 208; 7 Conn. 125. Any unlawful act committed with violence, actual or implied, to the person, property, or rights of another. Any unauthorized entry upon the realty of another, to the damage thereof. The word is used oftenep in the last two somewhat restricted significations than In the first sense here ghren. In determining the nature of the act, neither the amount of violence or the intent with which it is offered, nor the extent of iiie damage acttymplished or the purpose for whidi the act was committed, are of anjr iiuportanc6; since a person who enters upon the land of another without leave, to lead oEf his own runaway horse, and who breaks a blade of grsss in so doing, commits a trespass. 2 Humph. (Tenn.) 325; 6 Johns. (N. Y.) 5. It is said that "some" damage must be committed to make an act a trespass. It is undoubtedly true that damage is required to constitute a trespass for which an action will lie; but, so far as the tort itself is concerned, it seems more than doubtful if the mere commission of an act affecting another, without legal authority, does not constitute trespass, though, until damage is done, the law will not regard it, inasmuch as the law does not regard trifles. The distinction between the different classes of trespass is of importance in determining the nature of the remedy. A trespass committed with force is said to be done "vi et armis;" one committed by entry upon the realty, "by breaking the close." In Practice. A form of action which lies to recover damages for the injury sustained by the plaintiff, as the immediate consequence of some wrong done forcibly to his person or property, against the person committing the same. Force is the essential of the action, and distinguishes it from "trespass on the case."
Synonyms of Trespass
verb
advance upon
breach
break in
break the law
contravene
deviate from rectitude
disobey
disobey the law
disregard
encroach
enter unlawfully
exceed
go astray
ignore limits
in alienum fundum ingredi
infringe
intrude
invade
offend
overrun
overstep
sin
transgress
usurp
violate
Associated Concepts: action of trespass
constructive trespass
continuing trespass
forcible trespass
innocent trespass
malicious trespass
technical trespass
willful and deliberate trespass
foreign phrases: Aedificare in tuo proprio solo non licet quod alteri noceat
It is not lawful to build upon one's own land what may injure another
Prohibetur ne quis faciatinsuoquodnocerepossitalieno
lt is forbidden for anyone to do on his own property what may injure another's
Related Entries of Trespass in the Lawi Project
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Trespass in Historical Law
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Legal Abbreviations and Acronyms
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Related Legal Terms
You might be also interested in these legal terms:
Mentioned in these terms
Encroach, Fiction, Forms Of Action, Grand Larceny, Infringement, Interesse Termini, Leave And License, Misfeasance, Nuisance, Replevin,.
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Notice
This definition of Trespass is based on the The Cyclopedic Law Dictionary. This entry needs to be proofread.
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https://dictionarylaw.substack.com/p/trespass/: The URI of Trespass (more about URIs)
Trespass in the United States
Trespass in Connecticut
Trespass to land (more in the U.S.) is an unlawful invasion of another's right of possession. McPheters v. Loomis, 125 Connecticut (provision) 526, 530, 7 A.2d 437 (1939).
English Spanish Translation of Trespass
Violar, Transgredir, Infringir
Find other English to Spanish translations from the Pocket Spanish English Legal Dictionary (print and online), the English to Spanish to English dictionaries (like Trespass) and the Word reference legal translator.
Trespass in Law Enforcement
Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of trespass.
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See Also
Law Enforcement Officer
Police
Law Enforcement Agency
Further Reading
Concept of Trespass in the context of Real Property
A short definition of Trespass: Legally covers a variety of wrongs against person or property. Most commonly used to describe the wrongful entry of a person onto another's land, although encroachment of an inanimate object, such as a building or fence, is a form of trespass.
Concept of Trespass in the context of Real Property
A short definition of Trespass: Legally covers a variety of wrongs against person or property. Most commonly used to describe the wrongful entry of a person onto another's land, although encroachment of an inanimate object, such as a building or fence, is a form of trespass.
Trespass