Which of the following statements is true regarding the trespass to real property tort?
A) This tort becomes applicable even when somebody accidentally comes on the property.
B) This tort cannot be established if the trespasser does not enter the land with the intent to harm.
C) Harm to the real property should be proved to establish the tort of trespass to real property.
D) The rental agreement that gives exclusive possession and control to the tenant can form the basis of a trespass to real property action.

Question

Quizplus · Accepted Answer

Trespass to real property is intentionally coming onto the real property of another. Coming onto the property must be intentional rather than accidental. The tort must involve real property, not personal property. No harm need be proved to establish the tort of trespass to real property. The rental agreement gives exclusive possession and control to the tenant and that can form the basis of a trespass to real property action, though the lease can give the landlord permission to come on for emergency purposes or general upkeep such as periodic pest control.

Which of the Following Statements Is True Regarding the Trespass