Other Free Encyclopedias » Law Library - American Law and Legal Information » Free Legal Encyclopedia: Tonnage tax to Umpire » Trespass - Common-law Form Of Action, Trespass To Land, Trespass By One Entitled To Possession

Trespass - Trespass By One Entitled To Possession

land person sue rightful

In nearly all states, a person who forcibly enters onto land is guilty of a crime, even if that person is entitled to possession of the land. For example, a landlord who personally tries to eject a tenant creates a potentially explosive situation. To discourage such "self help," the states provide legal procedures for the rightful owner to use to recover his land. Many states do not let the illegal occupant sue the rightful owner in trespass for his forcible entry, but the occupant can sue for ASSAULT AND BATTERY or damage to her personal property.

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