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Trespass

The law recognizes that owners of property have inherent rights, perhaps the most important being the right to the "exclusive" use of their property. A defendant will be liable for trespass if he or she enters the plaintiff's property without the plaintiff's consent and interferes with the landowner's exclusive right to use the land.

As generally used, "trespass" occurs when either: (1) a person intentionally enters another's land, without permission; (2) a person remains on another's land without the continued permission to be there, even if he entered rightfully; or (3) a person puts an object on (or refuses to remove an object from) another's land without permission. Note that the term "trespass" refers only to intentional interference with another's interest in property. If one accidentally enters another's land, this is generally not trespass.

For example, a burglar who intentionally enters someone's home commits trespass. On the other hand, if you have an unexpected epileptic seizure while driving your car and end up driving across someone else's lawn - causing damage to the property - you are not liable for trespass.

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The Pistotnik Law Offices handles all personal injury cases including, but not limited to:Large truck accidents, car accidents, injury cases, injury victims, reckless driving, negligence, torts, car accident victims, damages, wrongful death, vehicle accidents, pedestrians, cyclists, motorcycle accidents, third party lawsuits, damaged cars, insurance settlements, auto accidents, medical bills, permanent injury, rear-end collisions, liability insurance, property damage, minor injuries, insurance coverage, truck accident, tractor-trailer accidents, paralysis, paralyzed, eaglemed, Lifeflight, Wesley Medical Center, Via Christi, St. Francis hospital.

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The legal information offered by The Pistotnik Law Offices and contained herein, regarding Kansas legal statutes and Kansas claimants' rights, is general in scope. No legal attorney / client relationship with our attorneys is hereby formed nor is the information herein intended as formal legal advice. Please contact a Kansas lawyer regarding your specific inquiry.See Terms of Use.

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