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Simple English definitions for legal terms
innocent trespass
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A quick definition of innocent trespass:
Innocent trespass is when someone goes onto someone else's property without realizing it's not allowed or without meaning to cause harm. It's different from intentional trespass, which is when someone goes onto someone else's property on purpose and without permission. Innocent trespass usually doesn't result in punishment, but the person who owns the property can ask the trespasser to leave.A more thorough explanation:
Innocent trespass refers to a situation where a person unintentionally or in good faith commits a trespass, which is an unlawful act committed against the person or property of another, especially wrongful entry on another's real property. For example, if someone accidentally enters their neighbor's property while playing a game of catch, they have committed an innocent trespass.
Unlike intentional trespass, innocent trespass is not done with the intention of causing harm or damage to the other person's property. Therefore, the person committing the innocent trespass may not be held liable for damages or punished for their actions.
However, it is important to note that innocent trespass does not give a person the right to enter or use another person's property without permission. Even if the trespass is unintentional, the property owner has the right to ask the person to leave and take legal action if necessary.
For example, if a person accidentally enters a neighbor's property while playing a game of catch and the neighbor asks them to leave, the person must comply with the request. If they refuse to leave, they may be held liable for criminal trespass.