9-Step Guided Lesson · ~7 min
Trespass to Land
Did the defendant intentionally enter, or cause something to enter, land in the plaintiff's possession?
這一課問的是：D 是否故意進入或使某物進入 P 占有的土地？
ActorActObjectStandardConsequence
What does this topic ask?
這一課問的是：D 是否故意進入或使某物進入 P 占有的土地？
"Trespass to Land" really asks: Did the defendant intentionally enter, or cause something to enter, land in the plaintiff's possession?
Trigger words:
walked acrossenteredstepped ontothrew ontoshortcut
5 words you must own
Tap a card to flip it.
One exam-ready rule
Trespass to land requires the defendant's intentional physical entry onto land in the plaintiff's possession.; the defendant need only intend the entry and not the trespass, no actual harm to the land is required, and causing a physical object or a third person to enter also counts.
Five colored parts — always
Actor 行為人
the defendant
入侵者
Act 行為
an intentional entry
故意進入
Object 對象
land in P's possession
P 占有之土地
Standard 法律標準
entry intended; no harm needed
有意進入；無需損害
Consequence 後果
liable for trespass
構成侵入
How courts illustrate this
Dougherty v. Stepp
Simplified Holding
Every unauthorized entry onto another's land is a trespass, even if no damage is done; the law presumes some damage from the unauthorized entry itself.
Why It Matters Here
The unauthorized entry is itself the wrong; no proof of damage is required.
未經許可的進入本身即為侵權，無需證明損害。
Where learners slip
trespass 一定要對土地造成損害。
Entry alone is the wrong.
進入本身即為不法。
D 必須知道土地是別人的。
D need only intend the entry.
D 只須有意進入。
Your analysis
Issue
Did D commit trespass to land by walking across P's fenced field as a shortcut?
Rule
Trespass to land requires an intentional physical entry onto land in the plaintiff's possession.
Application
D deliberately walked across P's fenced field without permission to save time. Because trespass to land requires an onto land in another's possession, the fact that D chose to walk onto P's enclosed land means — and no harm to the field need be shown.
Conclusion
Therefore, D committed trespass to land.
Quick multiple-choice check
D, mistakenly believing P's land was his own, walked onto it and built a small shed. Is D liable for trespass?
Lock it in
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