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LSDefine

Simple English definitions for legal terms

Trespass

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A quick definition of Trespass:

Trespass is when someone goes onto someone else's property without permission. This can be intentional or accidental. There are different types of trespass, such as trespass to land, trespass to chattels, and trespass to conversion. If someone trespasses, they can be held responsible for any damage they cause. However, there are some situations where trespassing is allowed, such as in an emergency. If someone is hurt while trespassing, the property owner may or may not be responsible, depending on the circumstances.

A more thorough explanation:

Trespass is when someone knowingly enters another person's property or land without permission, which violates the owner's privacy or property rights. There are many laws related to trespass.

Trespass to Land: This occurs when someone physically invades an owner's real property or causes an object or a third person to invade it without permission. The intent to enter or remain on the land is required, regardless of whether the trespasser knows the land is owned by someone else. The owner does not need to prove actual damages, even a nominal damage claim is permissible.

Trespass to Chattels: This occurs when someone intentionally deprives or prevents someone else's right to use their legally possessed personal property. Actual damage is required to cover the cost of repair or loss of rental.

Trespass to Conversion: This is a more serious interference than trespass to chattels. The trespasser totally controls or destroys the chattels, and the possessor's interests are harmed to such an extent that the trespasser may be required to pay the full value of the chattel. Mistakes of ownership or lawfulness of the trespasser's actions cannot be defenses.

Necessity: This is a defense to property torts, but it is not absolute. The defendant is protected by the privilege of private necessity to enter the plaintiff's property if it is necessary to protect themselves, a third person, or their or the third person's property from serious harm, and there is no less-damaging way. The defendant is not liable for any nominal or punitive damages. If there are actual damages, the defendant must pay for the damage they caused.

Liability: A landowner has the privilege to use reasonable force to stop a trespasser's entry onto their land. But if the landowner causes serious injury to the trespasser who does not threaten the landowner with harm, the landowner will be liable for the trespasser's injury. An owner is usually not liable to a trespasser who gets injured on their land, as they have no liability to exercise reasonable care to make their land safe for trespassers. However, there are exceptions, such as if the landowner creates artificial conditions that are highly dangerous to anticipated kids trespassing.

Larceny: Trespass is an element of larceny, which means a defendant unlawfully takes away someone's personal property with the intent of depriving them permanently at the time of taking.

Robbery: Robbery also includes trespassory taking and carrying away someone else's personal property by force or threat of immediate physical harm in that person's presence.

Property: Adverse Possession: To start the statute of limitation period, the possessor should actually trespass. The statute of limitation time period does not stop running until the owner brings a suit for trespass or ejectment, while a temporary reentry by the owner is not enough to stop the statute of limitation from running.

For example, if someone enters their neighbor's backyard without permission and starts using their pool, they are committing trespass to land. If someone takes their friend's bike without permission and damages it, they are committing trespass to chattels. If someone breaks into a store and steals all the merchandise, they are committing larceny, which includes trespass. These examples illustrate how trespass can be intentional and harmful to the owner's property interests.

Treble damages | Trespass to Chattels

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jackfrost11770
13:56
I don't think so
jackfrost11770
13:56
I got a UR when I emailed themc
jackfrost11770
13:56
But it would be nice to have something at least
lilypadfrog
13:56
like whether the date changes. is that actually indicative of something. I feel like people have said they got in without a second date change
jackfrost11770
13:56
I just cannot believe I thought I would have more or less of an idea where I'd be going to law school by end of January
13:56
went complete at penn a month ago with still no UR
jackfrost11770
13:56
How was that too ambitious of a thought
jackfrost11770
13:57
March at the very least atp
13:57
@llama: thank you!!! 44 apps thats crazy dude
Trismegistus
13:57
jack me too buddy
lilypadfrog
13:57
@info-man: I applied like a week before you and just went UR a couple days ago you’ll get there in a minute
13:57
I'm actually never gonna hear from BU
13:57
definitely not ambitious at all. this cycle's turning out to be as slow as the last one probably due to high app volume
13:57
@lilypadfrog: okay cool good to know
13:58
i really think they should push back seat deposits to june
13:58
its unfair
jackfrost11770
13:58
Recent boo I applied to BU in Oct
13:59
I've been complete since mid Sept:(
13:59
If I knew I would still be waiting in January I probably wouldn't have applied so early
jackfrost11770
14:00
Me neither
jackfrost11770
14:00
Someone applied to nyu in December and got today
jackfrost11770
14:00
I mgoikg to lose my fucking mind
14:01
re seat deposit: does any1 know if u can request to delay 1st seat deposit? some school are really early it seems
[] starfishies
14:02
if they delayed decisions we should be able to delay deposits... but we do not live a perfect world so i doubt it
lilypadfrog
14:03
yeah you can request an extension. usually it’s like a week though
14:03
i need tips for not falling asleep at work
drugs
14:03
can we talk about something interesting like i dont know drugs sex death
ReminiscentZestyFish
14:04
Everyone admitted to penn looks like above medians
14:04
time to harass glove on linkedin
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