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  • Trespass Cause of Action

  • A trespass is an unauthorized entry into the land of another. This can be caused by an unauthorized entry by a person, but can also be caused by entry of water (above or below ground), toxic substances, mud, animals, or even fire. The person found to be liable in trespass must have committed a "volitional" or willing act which results in the damage, although that person need not have intended to cause the damage.

    For example, if a person is golfing and hits their ball intending to get the ball onto the golf green, but instead causes damage to a home, they can be found liable in trespass. Trespass actions obviously and normally involve damage that is greater than that caused by a golf ball, but the example is illustrative. If a person willingly installs a drainage system on their land, and the system unintentionally causes damage to a neighbor’s land, a trespass cause of action may be established.

    A trespass action may be maintained against an individual, a corporation, or a government.