Trespass to land

[citation needed] In some jurisdictions, this rule may also apply to entry upon public land having restricted access.

For a trespass to be actionable, the tortfeasor must voluntarily go to a specific location but need not be aware that he entered the property of a particular person.

[citation needed] If a trespass is actionable and no action is taken within reasonable or prescribed time limits, the landowner may forever lose the right to seek a remedy, and may even forfeit certain property rights in the case of adverse possession and easement by prescription.

The Kentucky Court of Appeal in Edwards v Sims (1929) 24 SW 2d 619 seems to affirm the maxim without qualification, whereas the New South Wales Supreme Court in Australia seemed more reluctant to do so in Di Napoli v New Beach Apartments (2004) Aust Torts Reports 81-728.

There is therefore an asymmetry between aerial and underground trespass, which may be resolved by the fact the ground is almost always used (to support buildings and other structures) whereas airspace loses its practical use above the height of skyscrapers.

Some cases also provide remedies for trespass not amounting to personal presence, as where an object is intentionally deposited, or farm animals are permitted to wander upon the land of another.

Accidental trespass also incurs liability, with an exception for entering land adjoining a road unintentionally (such as in a car accident).

Although previously a pure tort, the Criminal Justice and Public Order Act 1994 created some circumstances in which trespass to land can also be a crime.