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Trespass

An unauthorized use of adjoining property by an landowner constitutes a trespass which may render the landowner liable in damages.  Mere physical invasion in one’s property in person will not necessarily amount to trespass.  Rather, trespass may be accomplished by the casting of substances or objects upon another’s property.

However, not every type of trespass is actionable.  For example, a suit cannot be brought against a landowner when the limb of a tree growing on the landowner’s property fell onto the neighboring property.  This is because the act of allowing a healthy tree to grow naturally and cross over to the air space of the neighboring property cannot be viewed as an intentional act to constitute an action for trespass.

In an action fro trespass, the adjoining landowner is entitled to recover such damages as s/he may have sustained even though they are nominal in amount.


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