ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Brief Fact Summary. Stepp (Defendant) entered onto Dougherty’s (Plaintiff’s) land to claim a portion of it as his own. No actual physical damage was done to Plaintiff’s land.
Synopsis of Rule of Law. Every unauthorized entry onto the land of another is a trespass.
Issue. Is Defendant liable for an unauthorized and unlawful entry onto Plaintiff’s land even if Defendant’s entry causes no actual physical damage?
Held. Yes. Judgment reversed. New trial granted.
* Any and every unauthorized, and therefore unlawful entry onto the land of another is a trespass even if Defendant causes no physical damage to the land. In an action for trespass, the law infers some damage even if there is nothing more than treading down the grass, herbage, or shrubbery. The fact that Defendant did not mark or cut any bushes only changes the degree and not the nature of the injury. It is the entry itself that constitutes the trespass.
every unauthorized, and therefore unlawful, entry into the close of another, is a trespass.View Full Point of Law