law-trespass on real property land | |
Trespass to real property is an unauthorized entry upon the land of another, and may occur
when one enters—or causes something to enter—another’s property. See Coastal Oil &
Gas Corp. v. Garza Energy Trust, 268 S.W.3d 1, 11 n.29 (Tex. 2008); Glade v. Dietert, 295
S.W.2d 642, 645 (Tex. 1956). “[E]very unauthorized entry upon land of another is a
trespass even if no damage is done or injury is slight.” Coastal Oil, 268 S.W.3d at 12 n.36
(quoting McDaniel Bros. v. Wilson, 70 S.W.2d 618, 621 (Tex. Civ. App.—Beaumont 1934,
writ ref’d) (alteration in original)).
Trespass occurs when a person enters another‟s land without consent. Wilen v.
Falkenstein, 191 S.W.3d 791, 797 (Tex. App.—Fort Worth 2006, pet. denied). A
plaintiff must prove that (1) he owns or has a lawful right to possess real property, (2) the
defendant entered the land and the entry was physical, intentional, and voluntary, and (3) the
defendant‟s trespass caused injury. Id. at 798. “[A] plaintiff must prove that the defendant
intentionally committed the act that constitutes a trespass[.]” Stukes v. Bachmeyer, 249 S.
W.3d 461, 466 (Tex. App.—Eastland 2007, pet. denied).
TRESPASS - CASELAW SNIPPETS
Trespass to real property occurs when a person enters another’s land without consent. Rankin v.
FPL Energy, LLC, 266 S.W.3d 506, 509 n.4 (Tex. App.—Eastland 2008, pet. denied); Wilen v.
Falkenstein, 191 S.W.3d 791, 797–98 (Tex. App.—Fort Worth 2006, pet. denied). To recover
damages, a plaintiff must prove that: (1) the plaintiff owns or has a lawful right to possess real
property; (2) the defendant entered the plaintiff’s land and the entry was physical, intentional, and
voluntary; and (3) the defendant’s trespass caused injury to the plaintiff. Rankin, 266 S.W.3d at
509 n.4; Wilen, 191 S.W.3d at 798.
AT LEAST NOMINAL DAMAGES FOR THE TRESPASS.
Brown, 2004 WL 1979580, at *8 (citing Gen. Mills Restaurants, Inc. v. Tex. Wings, Inc., 12 S.W.3d
827, 833 (Tex. App.—Dallas 2000, no pet.); Henry v. Williams, 132 S.W.2d 633, 634 (Tex. Civ. App.
—Beaumont 1939, no writ) (by alleging and proving trespass, appellants “were entitled, at least, to
CASES FROM THE TEXAS SUPREME COURT
CASES FROM TEXAS APPEALS COURTS
Texas Causes of Action and Defenses | 2011 Texas Supreme Court Opinions | 2011 Tex Sup Ct Per Curiams |
Texas Caselaw Topics Pages | Texas Opinions homepage |