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LSDefine

Simple English definitions for legal terms

Trespass

Read a random definition: quaestores parricidii

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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18:41
I think I just wouldn’t reach out and if they ask for them then say that
Dkk
18:41
@tgm Yeah sounds good, say that if they ask
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hey yall
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im premed idk why im here
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we’re like cool and sexy and fun I get it
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true i love ur user
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thank you my little crow friend
Dkk
18:50
Med law easy done
medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
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it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
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try stretching it maybe to see what's up
windyMagician
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stretches make me think it's just soreness
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19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
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what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
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nope dk
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