Trespass as a Cause of Action in New York

Trespass is a basic but important legal concept that protects a property owner’s right to control what happens on their land. In New York, trespass is not limited to someone breaking into your house or jumping a fence—it includes any unauthorized entry onto your real property. Even if no damage occurs, the law recognizes the act itself as a wrong. To succeed in a civil claim for trespass, the plaintiff must prove a few clear elements.

Intentional Entry onto the Land

The first element of trespass is that the person entering the land did so intentionally. This does not mean the person had to intend harm. It simply means they intended to go onto the land. For example, if someone walks across your front lawn on purpose, thinking it’s a public path, that can still count as trespass. What matters is that the entry was deliberate, not accidental.

It’s also important to know that actual physical presence is not always necessary. In some cases, causing an object to enter another person’s property—like throwing something, placing a sign, or even allowing pollution to spread—may also qualify as trespass if it interferes with the property rights of the owner.

The Land Belongs to Another

A plaintiff must also show that the land or property in question belongs to them, or that they have legal control over it, such as a lease or exclusive right of possession. Ownership or lawful occupancy gives the person the legal standing to claim that someone else invaded their space without authority.

Without Justification or Permission

The final element is that the entry was not authorized or legally justified. This means the person who entered the property did not have permission from the owner or a legal right to be there. If the visitor had previously been welcome but later asked to leave and refused, their presence becomes unlawful from the point of refusal. Additionally, emergencies or legal duties, like those carried out by firefighters or utility workers, may justify certain entries and therefore prevent a finding of trespass.

Conclusion

Trespass in New York is a simple but powerful legal claim that protects a person’s exclusive right to their property. Even without any physical damage, unauthorized and intentional entry onto someone else’s land can give rise to a valid lawsuit. Property owners do not have to tolerate intrusions, and the law provides remedies to maintain the boundaries of private space. Whether it’s a neighbor ignoring a fence or a stranger entering without consent, a trespass action can help restore and protect property rights.

Find the Law

“The elements of a cause of action sounding in trespass are an intentional entry onto the land of another without justification or permission. (Marone v Kally, 109 AD3d 880, 882 [2d Dept 2013].)” CGM-LLNR LLC v. Sylvia Ward & Po Kim Art Gallery, 2018 N.Y. Slip Op. 31056, 4 (N.Y. Sup. Ct. 2018)