Laws Against Trespassing on Someone's Property

Intention

• Modern law considers trespass an intentional act. This includes anyone who has interfered with the right of ownership or possession of the real property of another person, according to The Free Dictionary. For a person to be found guilty of trespassing, she does not have to intentionally trespass. She must only intentionally do the action causing the trespass.
  
  

Injury to Property

• A person may be guilty of trespassing to land, even if he has not caused any damage. However, the amount of damages awarded in a lawsuit will usually be proportional to the harm or damage done to the property by the trespasser.
  
  

Entitlement to Possession

• Although a person may be entitled to possession of a piece of land, she may still be guilty of trespassing if she forcibly enters the property. This is common in landlord-tenant disputes, according to The Free Dictionary. For example, a landlord who forcibly enters a rental property in order to personally evict an occupant may be guilty of trespassing. Although most states do not allow the occupant to sue the landlord for trespassing, the occupant may be able to sue for assault and battery or damage to personal property.
  
  

Continuing Trespass

• Continuing trespass refers to when a trespassing object encroaches upon another person's property over a sustained period of time. This may include a tree that has fallen across the property line or vegetation that has overgrown into a neighbor's yard. In a lawsuit regarding a continuing trespass, the defendant may be liable for any damages or cost of repairs to the plaintiff's property. The defendant may also be required to compensate the plaintiff for any decreased property value.
  
  

Criminal Trespass

• Some instances of trespass may be considered a criminal offense in some jurisdictions. In some states, any unlawful entry onto another's property is considered a criminal offense. However, any trespasser committing violence or causing injury to a person or property is guilty of a crime. In some states, it may be necessary to prove criminal intent for a conviction, while in other states it is a criminal offense regardless of intentionality.
  
  

Trespass to Chattel

• Trespass to chattel involves intentionally interfering with another person's lawful possession of property, other than real property. This includes movable and immovable personal property, according to US Legal. Trespass to chattel is similar to conversion of property, which is when one person takes property away from another.