The word "trespass" originated from the Old French term "trespas," which itself derives from the Latin "trans passus," meaning "to step across."
The primary meaning of "trespass" is an unlawful entry or invasion of another person's property, either real (land, buildings) or personal (possessions). It implies a violation of the owner's right to exclusive possession and enjoyment of their property.
The concept of trespass emerged in medieval England to protect the ownership rights of landowners. Trespass actions allowed property owners to seek legal redress for unauthorized entry or interference with their possessions. Over time, trespass evolved into a broader legal category encompassing not only physical entry but also other forms of interference with property rights, such as causing damage or creating a nuisance.
In common law, there are three main types of trespass:
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