Skip to content
NeCede's

Maxim 5.2.26

Every entry on lands without the owner's leave, or authority of law, is a trespass.

Source: C.L.M.; Weisman, 70c Difficulty 2/5 — Approachable

Explanation

(English-origin maxim.) The right to exclude others from one's land is among the most ancient rights secured by the common law — any unauthorized entry, whether by a private party or a government agent acting without lawful warrant or the owner's consent, constitutes a trespass actionable at law regardless of whether actual damage is shown.

Where this applies

  • A code enforcement officer walks onto a homeowner's property without a warrant or the owner's permission to inspect a fence, and the entry itself is a trespass.
  • A neighbor cuts through someone's backyard as a shortcut without asking, and even though no damage is done, the unauthorized entry is actionable.
  • A utility company sends workers onto private land without an easement or the owner's consent, and the landowner sues for trespass regardless of whether anything was damaged.

Legal domains

Cite this maxim

NeCede Max. 5.2.26 — Every entry on lands without the owner's leave, or authority of law, is a trespass. — C.L.M.; Weisman, 70c

Found an error? Suggest a correction →