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tres·pass 1 /'tres-pəs, -ˌpas/ n [Anglo-French trespas violation of the law, actionable wrong, from Old French, crossing, passage, from trespasser to go across, from tres across + passer to pass]: wrongful conduct causing harm to another: asa: a willful act or active negligence as distinguished from a mere omission of a duty that causes an injury to or invasion of the person, rights, or esp. property of another; also: the common-law form of action for redress of injuries directly caused by such a wrongful act compare trespass on the case in this entryb: trespass quare clausum fregit in this entrycon·tinu·ing trespass: a trespass that continues until the act (as of depriving another of his or her property without the intent to steal it) or instrumentality (as an object placed wrongfully on another's land) causing it is ended or removedcriminal trespass: trespass to property that is forbidden by statute and punishable as a crime as distinguished from trespass that creates a cause of action for damagestrespass ab initio: a trespass that arises upon a lawful act which because of subsequent unlawful or wrongful conduct is deemed under a legal fiction to have been trespassory from the beginningtrespass de bo·nis as·por·ta·tis /-dē-'bō-nis-ˌas-pȯr-'tā-tis, -dā-'bō-nēs-ˌäs-pȯr-'tä-tēs/ [probably from Medieval Latin ( trangressio ) de bonis asportatis (trespass) concerning property carried off]: a common-law form of action to recover for trespass involving the carrying off of one's goods by anothertrespass on the case: a common-law form of action to recover for another's wrongful act that indirectly causes one's injury – called also action on the case, case;trespass qua·re clau·sum fre·git /-'kwer-ē-'klȯ-zəm-'frē-jət, -'kwä-rā-'klau̇-su̇m-'frā-gēt/ [probably from Medieval Latin ( transgressio ) quare clausum fregit (trespass) whereby he or she broke into a close (tenement protected by law of trespass)]: a trespass that involves wrongful and tortious entry on another's real propertytrespass to try title: an action brought as a means of obtaining redress for a trespass to real property and determining the title to the propertytrespass vi et ar·mis /-'vī-ˌet-'är-mis, -'vē-, -ˌmēs/ [Latin vi et armis with force and arms]: a trespass involving intentional infliction of injury on a persontrespass 2 vi: to commit a trespass; esp: to enter wrongfully or without proper authority or consent upon the real property of anothervt: to commit a trespass against
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.
- trespass
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I
verb
advance upon, breach, break in, break the law, contravene, deviate from rectitude, disobey, disobey the law, disregard, encroach, enter unlawfully, exceed, go astray, ignore limits, in alienum fundum ingredi, infringe, intrude, invade, offend, overrun, overstep, sin, transgress, usurp, violate
associated concepts: action of trespass, constructive trespass, continuing trespass, forcible trespass, innocent trespass, malicious trespass, technical trespass, willful and deliberate trespass
foreign phrases:
- Aedificare in tuo proprio solo non licet quod alteri noceat. — It is not lawful to build upon one's own land what may injure another- Prohibetur ne quls faciat in suo quod nocere possit alieno. — It is forbidden for anyone to do on his own property what may injure another'sII index accroach, breach, break (violate), delinquency (misconduct), disobey, disregard (omission), encroach, encroachment, impinge, impose (intrude), infraction, infringe, infringement, intrude, intrusion, invade, invasion, lapse (fall into error), misdeed, misdoing, obtrude, offend (violate the law), overstep, transgression, violate, violation, wrong
Burton's Legal Thesaurus. William C. Burton. 2006
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v.To enter or disturb property owned by someone else without the owner’s permission.n.trespass
The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008.
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in relation to property, a tort of wrongful interference. Trespass de bonis asportatis was the earliest form and consisted in removing or damaging the goods. It is essentially a wrong against possession – it was not necessary that the defendant should have appropriated the goods. The remedy was not accordingly available where the plaintiff had voluntarily given possession of his goods to the defendant. Trespass to goods remains and consists in any wrongful interference with them, e.g. removing a car from a garage (Wilson v. Lombank Ltd [1963] 1 WLR 1294), killing an animal (Sheldrick v. Abery (1793) 1 Esp. 55) or has been held recently, wheel-clamping a motor car (V i n e v . Waltham Forest CBC [2000] TCR 288). The rise of negligence has caused it to be doubted whether, at least in unintentional cases, there is any need to prove damage (Letang v . Cooper [1965] 1 QB 232), and, because it has been held that in cases of unintentional trespass to the person, negligence must be proved, it might well be the case that the same will be held to apply in relation to trespass to goods: see Fowler v . Lanning [1959] 1 QB 426. However, if the act is intentional towards the goods, then that is sufficient even if the defendant is mistaken. The plaintiff must be in possession at the time of the alleged interference.In relation to the person, it is the tort of touching another person's body or invading his land. In Scotland it is not recognised in any form other than in discussion of temporary intrusion on heritage and even then in a non-technical sense. It is not, in Scotland, a ground of action unless damage is done, although it may be restrained by interdict. The Trespass (Scotland) Act 1865 (as amended) applies to Scotland, so it is of technical importance in that respect, creating a criminal offence in some special examples of intrusion upon property. In the UK some terms of trespass have been criminalised. See collective trespass.
Collins dictionary of law. W. J. Stewart. 2001.
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The act of entering someone's property without permission or authority.(Although it usually refers to real estate, trespass can apply to personal property as well.) Trespassing can be a tort (a civil wrong, which the property owner can sue over) and can be a crime if it's done willfully. Examples of trespass include erecting a fence on another's property or dumping debris on another's real estate.Category: Criminal LawCategory: Real Estate & Rental Property → HomeownersCategory: Small Claims Court & Lawsuits
Nolo’s Plain-English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009.
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1 n. An illegal act committed against another's person or property; especially entering upon another's land without the owner's permission.2 n. In common law, a legal suit for injuries resulting from an instance of the first definition.3 v. To enter upon property without permission, either actual or constructive.@ trespass on the caseA common-law precursor to today's negligence, nuisance, and business torts, it was a suit to remedy injury to person or property not resulting directly from the defendant's conduct but a later consequence of same.@ trespass quare clausum fregit=>> quare clausum fregit.@ trespass vi et armisLatin With force and arms. An immediate injury, such as an assault to another's person or property, accompanied by force or violence.+trespass vi et armisLatin "With force and arms." An immediate injury, such as an assault to another's person or property, accompanied by force or violence.@
Webster's New World Law Dictionary. Susan Ellis Wild. 2000.
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An unlawful intrusion that interferes with one's person or property.
Dictionary from West's Encyclopedia of American Law. 2005.
- trespass
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An unlawful intrusion that interferes with one's person or property.
Short Dictionary of (mostly American) Legal Terms and Abbreviations.
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n.entering another person's property without permission of the owner or his/her agent and without lawful authority (like that given to a health inspector) and causing any damage, no matter how slight. Any interference with the owner's (or a legal tenant's) use of the property is a sufficient showing of damage and is a civil wrong (tort) sufficient to form the basis for a lawsuit against the trespasser by the owner or a tenant using the property. Trespass includes erecting a fence on another's property or a roof which overhangs a neighbor's property, swinging the boom of a crane with loads of building materials over another's property, or dumping debris on another's real estate. In addition to damages, a court may grant an injunction prohibiting any further continuing, repeated or permanent trespass. Trespass for an illegal purpose is a crime.
Law dictionary. EdwART. 2013.