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Trespass To Land

The tort of trespass protects one’s interest in the exclusive possession of one’s land. This is distinguished from the tort of "nuisance" which protects one’s interest in the free and unhindered use and enjoyment of land.

A person is subject to liability for trespass, irrespective of whether he causes harm, if he intentionally:

  • Enters the land or causes another to do so
  • Remains on the land when asked to leave
  • Fails to remove from the land a thing he is under a duty to remove

If you or a loved one is in need of legal assistance, call Johnston, Moore & Thompson at (256) 533-5770 or toll free (800) 240-5770 or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.

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