Home > West's Encyclopedia of American Law > Trespass

An unlawful intrusion that interferes with one's person or property.

TORT LAW originated in England with the action of trespass. Initially trespass was any wrongful conduct directly causing injury or loss; in modern law trespass is an unauthorized entry upon land. A trespass gives the aggrieved party the right to bring a civil lawsuit and collect damages as compensation for the interference and for any harm suffered. Trespass is an intentional tort and, in some circumstances, can be punished as a crime.

Common-Law Form of Action

Trespass is one of the ancient FORMS OF ACTION that arose under the COMMON LAW of England as early as the thirteenth century. It was considered a breach of the king's peace for which...