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Trespass

property, possession and entry

TRESPASS is a legal term applied generally to any wrongful entry upon the property of an other, and also to mild assaults upon the per son, but more especially applied to peaceable, but unlawful entry upon another's property for which there is a remedy by action, for dam ages. Any person entering the house or grounds of another may be expelled by force, if such is necessary, but trespass is justifiable where the intrusion is for a lawful purpose as to pay or demand money lawfully due, or to serve any legal process, and forcible entry may be made to execute a criminal process. One who aids and abets the perpetration of a tres pass is liable with the one committing same. The straying of one's cattle on another s prop erty has been declared trespass in some juris dictions. A trespass is deemed wilful when the trespasser has received notice not to intrude, and it is malicious, where the intrusion is de signed for the purpose of injury, or annoyance. One in possession of real estate can generally maintain an action against one trespassing against his rights, and such possession can be either in person or by tenant. Trespass may

be committed on a highway or road by one who has the use of same against the owner of prop erty adjoining it, and against one who may un lawfully obstruct such highway or road. Any unlawful interference with another's goods or property is trespass, it not being necessary to take actual possession of the same; the taking of one's goods or property by accident, or error, constitutes trespass, unless in the event of some justifiable cause. In many of the jurisdictions there exists by statute, criminal actions for trespass, where the same is wanton or malicious. A trespasser is responsible for the natural con sequences of his wrongful or negligent act, but where no special injury is shown, only nominal damages, as a rule, can be recovered. Poaching is a non-legal term applied to trespassing on the property of another for the purposes of killing and stealing game or fish.