ProfessorBrittany L. Raposa
CaseCast™ – "What you need to know"
Brief Fact Summary.
Neighboring parties sought court action in a battery dispute.
Synopsis of Rule of Law.
A property line extends from the center of the earth to the sky in a trespass.
The plaintiff and defendant, who did not get along, lived beside each other with a fence separating the properties. When the defendant’s ladder was hanging on the fence, the defendant claimed that the plaintiff tried to remove the ladder. The plaintiff stated that her arm was merely resting over the fence and the defendant struck her arm. The defendant claimed that he gently touched the plaintiff’s arm, asking the plaintiff to stay on her side of the fence. The plaintiff sued the defendant for assault and battery. The jury found in favor of the plaintiff.
Does the property line extend from the center of the earth to the sky in a trespass?
Yes. The judgment of the trial court is affirmed. The force used by the defendant to remove the plaintiff’s arm was reasonable.
A property line extends from the center of the earth to the sky in a trespass. A person does not need to walk onto the property of another to be held liable for trespass. Any part of the body that is over the property line constitutes trespass. A property owner may use reasonable force to remove a trespasser from his property.