Frequently Asked Questions
Q: Can the tort of trespass also be applied to property?
Most people would be aware of what trespass constitutes, and you would be correct in your assumptions, because trespass is indeed the wrongful interference by one person, with the property or goods belonging to another party. In order for trespass to be considered wrongful, it must be done voluntarily, is unauthorised, and the trespass must be direct.
Perhaps the most fundamental aspect of trespass, is that there must be a direct link between the actions of the person committing trespass, and the interference with the other person’s property or goods.