What must be shown to pursue a tort claim for trespass?

To pursue a tort claim for trespass, it is essential to show unauthorized entry onto land owned by another. Trespass involves an intrusion that is intentional and without permission. The key element here is the lack of consent from the property owner, which distinguishes trespass from other forms of legal claims involving property.

This concept is rooted in property rights, where every individual has the right to exclusive possession of their land. Thus, even if the entry does not result in damage to the property, the mere act of entering without permission constitutes trespass. This is why the element of unauthorized entry is fundamental to establishing a tort claim for trespass.

Other factors such as legal ownership of neighboring property, intent to cause harm, or proof of damages, while potentially relevant in different circumstances or claims, do not define the essential criteria for trespass. The focus remains solely on the uninvited intrusion onto another's land as the core principle of this tort.