Trespass Law
Kassouni Law is a firm that specializes in land use law. It was founded on the belief that property rights and personal freedom are intertwined. Our lawyers are passionate about land use issues, and it is their mission to rigorously defend your property rights against government and private abuse.
Dedicated to providing superior representation in all matters related to land use, our commitment to clients and property rights allows us to establish personalized strategies in the pursuit for justice. With an unwavering commitment to the protection of private enterprise, we will defend your Constitutionally protected property rights.
More on trespass law from the Los Angeles and Sacramento property rights lawyers at Kassouni Law…
The term property has many different components. Courts often refer to these components as a “bundle of sticks” That is, each stick has a different aspect of what property is. When combined, they form a bundle. The United States Supreme Court has held that the right to exclude others from privately owned real property is the most important stick in the bundle of rights.
The law of trespass has ancient origins, and is well established in California. Entry onto real property without the permission of the owner is a trespass in California, and allows for the recovery of compensatory and punitive damages. Unfortunately, California law also grants immunity for trespasses by government employees if the entry is related to official administrative inspections. The property owner in this circumstance must seek recovery on the theory of a violation of civil rights -particularly if the entry occurred without valid civil inspection warrant, which must be issued by a judge. Even if there is a warrant, California statutes provide that entry cannot be made forcibly over the objection of the property owner.
Trespass often occurs when a neighbor enters onto private property to cut trees or vegetation without permission in order to preserve scenic views. California law is especially harsh on trespassers when this occurs. There are civil code sections that allow for the recovery of treble damages for the loss of trees. In this instance, the trespasser is liable for three times the value of the trees, as well as punitive damages.
Trespass also occurs if a neighbor places a fence or other object on your property without permission. In addition to damages, an injunction can be obtained in court to force the removal of the fence. It is important to seek redress quickly when this occurs to avoid the creation of a prescriptive easement.
The most common defense to trespass is a doctrine known as “necessity.” This doctrine allows entry onto the property of another if it is necessary to protect life or property from imminent harm. This defense has its origins in the common law, and is designed for true emergency situations. The attorneys at Kassouni Law are currently representing a client in the court of appeal to clarify that this defense is only applicable in emergency situations.
Headquarted in Sacramento with a satellite office in Los Angeles, the lawyers at Kassouni Law will be happy to discuss with you any trespass concerns you may have. You may contact owner and managing partner Timothy Kassouni by calling 877-770-7379.
