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Trespass To Land

The tort of trespass protects one's interest in the exclusive possession of one's land. This is distinguished from the tort of "nuisance" which protects one's interest in the free and unhindered use and enjoyment of land.

A person is subject to liability for trespass, irrespective of whether he causes harm, if he intentionally:

  • Enters the land or causes another to do so
  • Remains on the land when asked to leave
  • Fails to remove from the land a thing he is under a duty to remove
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