Legal Definitions - necessary intromission

Necessary intromission refers to a lawful and justified entry onto, or interference with, another person's property or affairs. This action, which would otherwise be considered an unauthorized intrusion, is deemed permissible because it is essential to protect one's own legal rights, property, or to fulfill a specific legal obligation. It implies that the interference is not only reasonable but also unavoidable under the circumstances.

• Scenario: A tenant leaves their apartment for a vacation, and a pipe bursts, causing water to flood the unit and threaten damage to the building's structure. The landlord, unable to reach the tenant, enters the apartment to turn off the water and mitigate the damage.

  Explanation: The landlord's entry into the tenant's private space is an "intromission." However, because it was absolutely essential to prevent significant property damage and ensure the safety of the building, it is considered a necessary intromission. The law often grants landlords this limited right of entry in emergencies to protect the property.

• Scenario: A property owner, Ms. Chen, purchases a parcel of land that is completely surrounded by properties owned by others, with no direct access to a public road. To reach her land, she must cross a portion of her neighbor Mr. Davis's property.

  Explanation: Ms. Chen's act of crossing Mr. Davis's land is an "intromission." However, because her property is landlocked and this is the only way for her to reasonably access and use her land, the law may grant her an "easement by necessity." This legal right makes her crossing a necessary intromission, as it is essential for the practical use and enjoyment of her property.