History of Trespass in Timeline

Trespass, in tort law, encompasses three main categories: trespass to the person, involving direct interference with someone's body or liberty; trespass to chattels (or personal property), concerning intentional interference with another's possession of movable property; and trespass to land, relating to unauthorized entry onto another's property. Each form of trespass requires direct and intentional (or negligent) action causing the interference. These torts protect fundamental rights related to personal safety, property ownership, and land use.

1946: United States v. Causby Decision

In 1946, the United States Supreme Court case United States v. Causby limited landowner domain to the space below 365 feet (111 m), establishing citizens' right to fly in navigable airspace.

1984: Police and Criminal Evidence Act in England and Wales

In England and Wales, the Police and Criminal Evidence Act of 1984 allows the police to enter land for the purposes of carrying out an arrest.

1994: Criminal Justice and Public Order Act

In the UK, the Criminal Justice and Public Order Act of 1994 specified that certain types of trespassing are criminal, such as when a person intentionally trespasses and intimidates, obstructs, or disrupts the lawful activity of others; this is considered aggravated trespass and is a punishable offence.

1998: Trespass to Chattels and Unauthorized Email Advertisements

In 1998, a federal court in Virginia ruled that a marketing company trespassed against an Internet service provider by sending 60 million unauthorized email advertisements after being notified that the spam was unauthorized.

2025: The Trespass to Property Amendment Regulations Act in Saskatchewan

In 2025, the Government of Saskatchewan, Canada, passed The Trespass to Property Amendment Regulations Act, which makes it easier to address public intoxication and drug use by automatically considering these as trespassing in public spaces, including within businesses.