What is Trespass?

The tort of trespass involves physically entering onto someone else’s land without consent or remaining there after being asked to leave (consent is revoked).

What is Civil and Criminal Trespass?

The tort of trespass is similar to the crime of trespass. The difference between the civil action and the criminal charge is that a tort requires the existence of damages to be actionable.

• Note: In addition to personally entering someone’s land, trespass can occur by projecting something (such as pollution or garbage) onto another’s land without consent.