MBE Rules · Torts
Trespass to land
The rule
Intentional act of physical invasion of plaintiff's real property. Intent only to enter the land — no need to know it belonged to another. Mistake is no defense. Includes above and below surface. Throwing object onto land = trespass.
In plain English
Trespass to land happens when someone intentionally enters or causes something to enter someone else's property without permission, even if they didn't know it was private property.
Worked example
The defendant flies a drone over a neighbor's yard, believing it's public airspace. The drone's flight over the yard is a trespass, even though the defendant didn't know it was private property.
Memory hook
Trespass: Step, Land, Liability. Intent to step suffices, even if you don't know it's not yours.
The trap
Students think: Mistake negates trespass. Wrong, because intent to enter is enough. The actual test is intent to physically invade.
How examiners test it
The MBE loves: defendant accidentally throws ball over neighbor's fence. Trap: students assume mistake is a defense — it's not.
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