A police officer was cruising down a suburban street when he saw a juvenile standing in the front yard of a house and holding two or three rocks. The officer then noticed another juvenile two houses down the street standing in the front yard of another property. The second juvenile was holding his head and bleeding. The homeowner of the property between where the first and second juveniles were standing wants to sue the first juvenile for trespass. To prove trespass, a plaintiff must prove an intentional invasion of the person's property. What additional fact must the homeowner prove to support a trespass claim?

Question

Quizplus · Accepted Answer

That the first juvenile threw a rock across the front yard of the homeowner's property. A property owner's property includes the airspace above the property, so trespass can include a projectile passing over a property owner's land even though it never touches the ground. If the first juvenile threw a rock over the property owner's front yard, the property owner most likely could show an intentional trespass. Answer A is not correct because it is irrelevant where the rocks came from. Answer B is not correct because a trespass on the property where the juvenile was standing is irrelevant to the homeowner's claim. Answer C is not correct because damage to property is not necessary to support a trespass claim.

A Police Officer Was Cruising Down a Suburban Street When