Tampa Trespass to Land Lawyer
Trespass to Land
Trespass to land can occur in the following ways:
- Wrongdoer intentionally enters the property and physically invades another person’s land without permission
- Wrongdoer throws a tangible physical object (i.e. baseball) on the land that physically invades another person’s land without permission. Important Note: Intangible objects (i.e. loud music, bright lights, shock waves) do not constitute a trespass to land because the element of physical invasion cannot be shown.
The wrongdoer cannot raise the defense that they entered the land by mistake or that they did not know because it is the intent to enter and not the intent to trespass that determines liability. Moreover, the wrongdoer is subject to liability, regardless of whether they cause harm to the land. In other words, the land owner does not have to show damages.
What is the difference between a Trespass to Land Claim and a Nuisance Claim?
Tresspass to land occurs when someone intentionally, negligently, or recklessly physically enters the land of another. The intrusion can be upon, beneath, and above the surface of the earth.
A Nuisance claim, on the other hand, is the substantial and unreasonable interference with a person’s interest in the use and enjoyment of the land, which does not necessarily require a physical intrusion. The interference in a nuisance claim consists with the physical condition of the land (i.e vibration or blasting which damages a house, the destruction of crops, or pollution of a stream); OR 2) a disturbance of the comfort or convenience of the occupant (i.e. unpleasant orders, smoke, dust, loud noises, excessive light, or repeated telephone calls).
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