In a tort action for trespass to land the:
A) wrongdoer is excused if he thought he owned the land
B) wrongdoer is excused if she thought she could trespass
C) the property owner must demonstrate actual injury
D) intruder is not excused even if mistaken about the right to enter on the land
E) the property owner must show that the land was fenced or otherwise posted as to ownership

Question

Quizplus · Accepted Answer

Trespass to land is a strict liability tort, which means the wrongdoer is liable for any damage caused, irrespective of their intentions or beliefs. Therefore, whether the intruder was mistaken about their right to enter or not, they will still be held liable for trespassing. The property owner also does not need to prove actual injury, only that the trespass occurred. The presence of fencing or posting does not impact liability for trespass.

In a Tort Action for Trespass to Land The