trespass

trespasser, n.
/tres"peuhs, -pas/, n.
1. Law.
a. an unlawful act causing injury to the person, property, or rights of another, committed with force or violence, actual or implied.
b. a wrongful entry upon the lands of another.
c. the action to recover damages for such an injury.
2. an encroachment or intrusion.
3. an offense, sin, or wrong.
v.i.
4. Law. to commit a trespass.
5. to encroach on a person's privacy, time, etc.; infringe (usually fol. by on or upon).
6. to commit a transgression or offense; transgress; offend; sin.
[1250-1300; (n.) ME trespas transgression, offense < OF, deriv. of trespasser, equiv. to tres- ( < L trans- TRANS-) + passer to PASS; (v.) ME trespassen, deriv. of the n.]
Syn. 4, 5. TRESPASS, ENCROACH, INFRINGE, INTRUDE imply overstepping boundaries and assuming possession of others' property or crowding onto the right of others. To TRESPASS is to pass unlawfully within the boundaries of another's property: Hunters trespass on a farmer's fields. To ENCROACH is to creep, gradually and often stealthily, upon territory, rights, or privileges, so that a footing is imperceptibly established: The sea slowly encroached upon the land.
To INFRINGE is to break in upon or invade rights, customs, or the like, by violating or disregarding them: to infringe upon a patent. To INTRUDE is to thrust oneself into the presence of a person or into places or circumstances where one is not welcome: to intrude into a private conversation.

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In law, unlawful entry onto land.

Trespass was formerly defined as wrongful conduct causing injury or loss; today it is generally confined to issues involving real property (see real and personal property). Once a trespass is proved, the trespasser is usually held liable for any damages resulting, regardless of whether the trespasser was negligent or the damage was foreseeable. Criminal trespass, trespass to property that is forbidden by statute, is punishable as a crime.

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law
      in law, the unauthorized entry upon land. Initially, trespass was wrongful conduct directly causing injury or loss and thus was the origin of the law of torts in common-law (common law) countries. Trespass now, however, is generally confined to issues involving real property.

      Neither malice nor knowledgeability is essential to trespass. Thus, mistaken belief as to ownership of land is no defense to a trespass charge. Moreover, possession—not ownership—is the issue in trespass to land. A trespass suit can be brought by anyone in possession of land—even wrongful possession.

      Formerly, every unauthorized entry was trespass, even if no loss resulted. The courts have softened this policy, but vestiges of it remain. Once a trespass is proved, the trespasser is usually held liable for any damages resulting—regardless of whether he was negligent or whether the damage was foreseeable. Similarly, if a man fells a tree on his land even with complete caution, if the tree falls onto his neighbour's land, he is held strictly liable for damage.

      Trespass to land is also unauthorized subsurface entry (e.g., horizontal drilling) and in the air (e.g., stringing telephone wires), although air rights are still very much in controversy. If there is a continuing presence (e.g., dumping trash on land), the trespass continues until removed.

      Trespass can also be against personal property, but in such cases the object must be carried away and actual damage must be shown—in contrast to technical trespasses against land.

      Trespass in criminal law is a trespass accomplished through the intentional demonstration of force calculated to intimidate or alarm the owner or accomplished in such a way as to tend toward a breach of the peace. No trespass is criminal unless it tends to a breach of the peace, even though the act be committed forcefully and maliciously.

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Universalium. 2010.

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Look at other dictionaries:

  • trespass — tres·pass 1 / tres pəs, ˌpas/ n [Anglo French trespas violation of the law, actionable wrong, from Old French, crossing, passage, from trespasser to go across, from tres across + passer to pass]: wrongful conduct causing harm to another: as a: a… …   Law dictionary

  • Trespass — Tres pass, n. [OF. trespas, F. tr[ e]pas death. See {Trespass}, v.] 1. Any injury or offence done to another. [1913 Webster] I you forgive all wholly this trespass. Chaucer. [1913 Webster] If ye forgive not men their trespasses, neither will your …   The Collaborative International Dictionary of English

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  • trespass — tres‧pass [ˈtrespəs ǁ pəs, pæs] verb [intransitive] LAW PROPERTY to go onto someone s land or into their property without their permission: trespass on • Union organizers had trespassed on company premises to try and recruit new members. trespass …   Financial and business terms

  • trespass — n transgression, violation, infraction, *breach, infringement, contravention Analogous words: invading or invasion, entrenchment, encroachment (see corresponding verbs at TRESPASS): intrusion, obtrusion (see corresponding verbs at INTRUDE):… …   New Dictionary of Synonyms

  • Trespass — Studioalbum von Genesis Veröffentlichung 1970 Label Charisma Records (UK); Impulse Records (USA) …   Deutsch Wikipedia

  • trespass — [tres′pəs; ] also, esp. for v. [, tres′pas΄] vi. [ME trespassen < OFr trespasser < VL * transpassare, to pass across < L trans ,TRANS + VL * passare, to pass < L passus: see PACE1] 1. to go beyond the limits of what is considered… …   English World dictionary

  • Trespass — Tres pass, v. i. [imp. & p. p. {Trespassed}; p. pr. & vb. n. {Trespassing}.] [{OF}. trespasser to go across or over, transgress, F. tr[ e]passer to die; pref. tres (L. trans across, over) + passer to pass. See {Pass}, v. i., and cf. {Transpass}.] …   The Collaborative International Dictionary of English

  • trespass — ► VERB 1) enter someone s land or property without their permission. 2) (trespass on) make unfair claims on or take advantage of (something). 3) (trespass against) archaic or literary commit an offence against. ► NOUN 1) Law entry to a person s… …   English terms dictionary

  • trespass on — ˈtrespass on ˈtrespass upon [transitive] [present tense I/you/we/they trespass on he/she/it trespasses on present participle trespassing on past tense …   Useful english dictionary

  • trespass — [n] invasion, offense breach, contravention, crime, delinquency, encroachment, entrenchment, error, evildoing, fault, infraction, infringement, iniquity, injury, intrusion, misbehavior, misconduct, misdeed, misdemeanor, obtrusion, poaching, sin,… …   New thesaurus

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