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Trespass is an area of criminal law or tort law broadly divided into three groups: trespass to the person, trespass to chattels and trespass to land.
Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding, mayhem, and maiming. Through the evolution of the common law in various jurisdictions, and the codification of common law torts, most jurisdictions now broadly recognize three trespasses to the person: assault, which is "any act of such a nature as to excite an apprehension of battery"; battery, "any intentional and unpermitted contact with the plaintiff's person or anything attached to it and practically identified with it"; and false imprisonment, the "unlaw[ful] obstruct[ion] or depriv[ation] of freedom from restraint of movement".
Trespass to chattels, also known as trespass to goods or trespass to personal property, is defined as "an intentional interference with the possession of personal property … proximately caus[ing] injury". Trespass to chattel does not require a showing of damages. Simply the "intermeddling with or use of … the personal property" of another gives cause of action for trespass. Since CompuServe Inc. v. Cyber Promotions, various courts have applied the principles of trespass to chattel to resolve cases involving unsolicited bulk e-mail and unauthorized server usage.
Trespass to land is today the tort most commonly associated with the term trespass; it takes the form of "wrongful interference with one's possessory rights in [real] property". Generally, it is not necessary to prove harm to a possessor's legally protected interest; liability for unintentional trespass varies by jurisdiction. "[A]t common law, every unauthorized entry upon the soil of another was a trespasser"; however, under the tort scheme established by the Restatement of Torts, liability for unintentional intrusions arises only under circumstances evincing negligence or where the intrusion involved a highly dangerous activity.
Trespass has also been treated as a common law offense in some countries.

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    VIC constant trespassing into driveway by drivers

    Hi everyone New here and not sure if this is the correct area to post. I have been living on my property for over 35 years. Ever since the council approved to have a childcare centre up the corner of the street (I live 4 house down from it) and a bus stop I constantly have parents and bus...
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    VIC Is the principal contractor responsible for subcontractor's work

    Hello, I have recently bought a land directly from the estate developer in an upcoming estate with lot of construction work happening around and people dump their rubbish at other's vacant land. The estate developer cleaned the land of all rubbish before the handover and I got temp fence...
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    VIC Potentially facing charges for trespassing

    Hi there mates, yesterday my friend and I made a stupid mistake which I am now trying to ascertain the consequences for. We went to the top public level of a highrise building and found we had gone to the wrong section of the building so we climbed a wall (stupid I know), and ended up in a paid...
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    NSW How can i stop nieghbours trespassing on my land

    My ex wife's house was destroyed by and land slide in March 2019 . The land is still very unstable and the remains of house and shed are in a very dangerous and hazardous condition . I have informed the surrounding neighbours and relevant authorities of the clear and present danger of entering...
  5. J

    SA Neighbor Trespassing Drones

    My neighbour recently flew a drone into our backyard below 10m and broke the rules/regulations by CASA. It was unexpected so we didnt get a chance to take a photo. He flew the drone in public opposite the park. When we confronted him he admitted it and couldnt answer when we asked WHY YOU DID...
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    QLD Can I sue for damages if a trespassing lead to an assault

    my ex girlfriend trespassed by jumping my fence she pushed me and yelled abuse in front of my children, my ex was over having visitation with our daughter, I called police which than lead to my ex strangling me. He is now in jail for dv matters, and I am charging the girlfriend can I sue her for...
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    WA What can be done about this strange matter

    Hi, Firstly this would I expect go under property offences so that the matter matches the experience ( of the lawyer). This is a very weird matter in that the person concerned use to be a friend of mine for many years but has moved around a lot. On the 2nd October ( or thereabouts) I had...
  8. S

    NSW Brother/equal owner of property will not leave house. What are my rights? Is he trespassing?

    My three siblings and I inherited our dad’s house last year and I have been living here as a sole occupant since shortly before his death. My older brother has a drug addiction and one morning about a month or so ago I walked out the front door to find him sitting there claiming to have...
  9. S

    NSW Trespassing - What are My Property Rights?

    My partner and I have separated, and while attempting to resolve our property settlement, he has been living in our family home as I have no way of getting a loan now being a single struggling mother of two young ones. I’m wondering what rights I have over the property that I still own in...
  10. J

    NSW Separation - Am I Trespassing on My Own Property?

    Hi, I am desperately seeking answers! My husband and I have been separated for the past seven years. However, we are still yet to divorce. We have 3 children together, one which lives full time with me and the other two who are 50/50 each. My husband and I have four properties shared between...