Legal Definitions - continuing trespass

Continuing trespass refers to an ongoing or repeated unauthorized intrusion onto another person's land or property. Unlike a single incident, this type of trespass persists over time, and the statute of limitations for bringing a claim typically does not begin until the trespass has ceased.

Continuing trespass refers to an ongoing, repeated, or persistent unauthorized intrusion onto another person's land or property. Unlike a single, isolated act of trespass, a continuing trespass involves a situation where the intrusion persists over time or occurs repeatedly without resolution, creating an ongoing interference with the property owner's rights.

Key aspects of continuing trespass include:

• It is characterized by its persistent or recurring nature, rather than being a one-time event.
• The legal time limit for bringing a lawsuit (known as the statute of limitations) typically does not begin until the continuing trespass has ceased.
• Courts may issue injunctions, which are orders requiring the party responsible to stop the trespass or remove the offending object.
• Determining whether intermittent intrusions constitute a single continuing trespass or multiple separate trespasses can sometimes be a complex legal question.

Here are some examples illustrating continuing trespass:

• Scenario: A homeowner installs a new fence, but due to an incorrect survey, a section of the fence extends two feet onto their neighbor's property. The fence remains in this position for several years.
  Explanation: The fence itself is a physical structure that continuously occupies a portion of the neighbor's land without permission. This is not a one-time intrusion but an ongoing presence that interferes with the neighbor's property rights for as long as the fence remains in the wrong location.
• Scenario: A commercial landscaping company, after completing work on a client's property, leaves a large pile of excavated dirt and several pieces of heavy equipment on an adjacent vacant lot belonging to a different owner for several weeks, despite requests to remove them.
  Explanation: The presence of the dirt pile and equipment constitutes a continuous unauthorized occupation of the vacant lot. Each day they remain on the property, the trespass continues, preventing the lot owner from using or accessing their land freely.
• Scenario: A manufacturing plant regularly discharges wastewater containing pollutants into a stream that flows through a neighboring farm, causing ongoing contamination of the farmer's land downstream.
  Explanation: While the discharge might occur at specific times, the act of polluting the stream and consequently the farmer's land is a recurring and persistent intrusion. The contamination continues to affect the farmer's property over time, making it a continuing trespass rather than a single, isolated incident of pollution.