The tort of trespass to real property can be established if:
A) the trespasser enters the property with the intention to harm.
B) intentionally comes onto the property.
C) the trespasser harms the property.
D) the owner or possessor of the real property has given permission to the trespasser to be on the property.

Question

Quizplus · Accepted Answer

To establish the tort of trespass to real property, coming onto the property must be intentional rather than accidental. The tort is for the protection of the integrity of an individual's ownership or possession of land, and why a trespasser enters is not important to establishing the tort, beyond intent versus accidentally coming on. No harm need be proved to establish the tort of trespass to real property.

The Tort of Trespass to Real Property Can Be Established