{"id":353535,"date":"2017-05-18T18:27:26","date_gmt":"2017-05-18T23:27:26","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/torts-and-personal-injuries\/trespass-to-land.html"},"modified":"2025-09-08T10:49:30","modified_gmt":"2025-09-08T15:49:30","slug":"trespass-to-land","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/torts-and-personal-injuries\/trespass-to-land.html","title":{"rendered":"Trespass to Land"},"content":{"rendered":"\n
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Trespass to Land<\/h1>\n\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Robert Rafii, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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There are a few types of trespassing under the law, but when you hear the term “trespassing,” you’re likely thinking of trespass to land. It occurs when someone enters another person’s property without consent.<\/p>\n\n <\/div>\n\n\n\n

Does your neighbor keep hitting golf balls into your yard? Are kids constantly cutting through your property to get to the park? In most states, these actions represent an intentional tort known as trespass to land (or trespass to realty).<\/p>\n

If you are dealing with a trespasser, you may want to consider legal action to stop the offense. You might not even have to sue, though it may be appropriate in some cases. A torts and personal injury lawyer<\/a> can explain your specific property rights and options.\u00a0<\/p>\n

What Is a Trespass to Land Tort?<\/h2>\n

The tort of trespass to land occurs when a person intentionally enters another’s property without permission. A tort<\/a>\u00a0is a wrongful civil action that can lead to harm, such as personal injury or personal property damage. Tort law has developed in part from common law, which is the body of rules created by judges over time.<\/p>\n

Separately, states have penal codes that allow prosecutors to bring government\u00a0charges for criminal trespass<\/a>. This article only focuses on the civil (private) tort claim for trespass.<\/p>\n

The only intent required for this claim is the intent to enter the property. So even if your neighbors accidentally cross from their property into your lot, they can be liable for trespass. A trespass can also occur if someone causes a physical item, like a golf ball, to enter your property. Substantial injury is not required.<\/p>\n

Proving the Elements of a Trespass to Land Claim<\/h2>\n

In order to prove that a defendant is liable for trespass to land, you’ll typically have to show that four distinct actions occurred:<\/p>\n