Restatement (Second) of Torts · Section § 13
Overview of liability for trespass to land as established by the Restatement (Second) of Torts § 13.
Source: Restatement Restatement (Second) of Torts § § 13
A trespasser is one who intentionally enters or causes a third person or an animal to enter land that is in the possession of another without a legal right to do so.
This section defines the concept of trespass to land, indicating that a person (or an entity) can be held liable for entering another's property without permission. Intention is a key factor, and trespass occurs regardless of whether damage is caused to the land.
Intent to enter is sufficient for liability, regardless of damage.
Possession of land must be actual or constructive for a trespass claim.
Illustration 1
A enters B's land to retrieve a ball without permission; this is a trespass.
Illustration 2
C mistakenly believes she is on public land but is actually on private land; she is still liable for trespass.
The court found that intentional trespass occurred as the defendant entered the plaintiff's land without consent.
The court applied § 13 to find liability for trespass even in cases of good faith entry.
Understanding this section is essential for evaluating potential liability in property disputes. It highlights the importance of obtaining permission before entering someone else's land, which can prevent legal complications and potential damages.