What are the elements of trespass? Glad you asked: Governed by Virginia Code Section 18.2-119, trespass Trespass is an invasion in to another’s exclusive right to possession of property. It is a direct unlawful interference with another’s property. A trespass is said to be committed when one enters upon the land or property of another without the consent either express or implied, of the owner or occupier thereof. A court has to decide whether a trespassers intrusion has violated a legally protected possessory interest of a plaintiff. There must be an affirmative act, or a misfeasance causing intrusion in order to constitute an act of trespass. Most importantly, in criminal trespass, the complainant must PROVE 1.) Ownership and 2.) Notice to the defendant.
Posted on: Thu, 21 Aug 2014 15:49:48 +0000