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Trespass to Land A trespass to land occurs when a person, without permission, does any of the following: Enters onto, above, or below the surface of land that is owned by another. Causes anything to enter onto land owned by another. Remains on land owned by another or permits anything to remain on it. Actual harm to the land is not an essential element of this tort, because the tort is designed to protect the right of an owner to exclusive possession. Common types of trespass to land include walking or driving on anothers land, shooting a gun over anothers land, and throwing rocks at a building that belongs to someone else. Another common form of trespass involves constructing a building so that part of it extends onto an adjoining landowners property. Establishing Trespass Before a person can be a trespasser, the real property owner (or another person in actual and exclusive possession of the property, such as a renter) must establish that person as a trespasser. For instance, posted trespass signs expressly establish as a trespasser a person who ignores these signs and enters onto the property. A guest in your home is not a trespasser, unless he or she has been asked to leave and refuses. Any person who enters onto anothers property to commit an illegal act (such as a thief entering a lumberyard at night to steal lumber) is impliedly a trespasser, with or without posted signs. Liability for Harm At common law, a trespasser is liable for any damage caused to the property and generally cannot hold the owner liable for injuries that the trespasser sustains on the premises. This common law rule is being modified in many jurisdictions, however, in favor of a reasonable duty of care rule that varies depending on the status of the parties. For instance, a landowner may have a duty to post a notice that guard dogs patrol the property. Also, if young children are attracted to the property by some object, such a swimming pool or a sand pile, and are injured, the landowner may be held liable (under the attractive nuisance doctrine). Still, an owner can normally use reasonable force to remove a trespasser from the premises or detain the trespasser for a reasonable time without liability for damages. Defenses against Trespass to Land One defense to a claim of trespass is to show that the trespass was warranted, such as when a trespasser enters a building to assist someone in danger. Another defense exists when the trespasser can show that she or he had a license to come onto the land. A licensee is one who is invited (or allowed to enter) onto the property of another for the licensees benefit. A person who enters anothers property to read an electric meter, for example, is a licensee. When you purchase a ticket to attend a movie or sporting event, you are licensed to go onto the property of another to view that movie or event. Note that licenses to enter onto anothers property are revocable by the property owner. If a property owner asks an electric meter reader to leave and she or he refuses to do so, the meter reader at that point becomes a trespasser.