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.
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.
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.
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.
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