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Home ownership offers an individual the authority to determine how that home is utilized and by whom. An unauthorized individual going into land belonging to another is trespassing, even if the trespassing appears to cause no direct damage. While trespassing appears simple, this cause of action is not that simple. Ownership Prior to making a claim of trespassing, the plaintiff needs to initially develop legal ownership of the property.

Illegal, Deliberate Entry The complainant need to show that the trespassing was "physical, intentional, voluntary, and unapproved." Pentagon Enterprises v. Southwestern Bell Telephone Co., 540 S.W. 2d 477, 478 (Tex. App. -Houston [14th Dist.] 1976, writ ref 'd. n. r.e.). Encroaching on somebody's residential or commercial property without permission is how the majority of people comprehend it, but trespassing is more complex than that.

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Trespassing is not always confined to appear infringement. If the complainant suffers damage because of subsurface incursion, such as drilling wells which trigger damage to surrounding land, that may be trespassing. With the development of drones, the definition of trespassing may be more broadened to show the methods newer technology can trespass on area above residential or commercial property as well.

Envtl. Processing Sys., L.C. v. FPL Farming Ltd., 457 S.W. 3d 414, 419 (Tex. 2015). Damages The complainant must prove that the trespass caused injury to the complainant. The damages could include real damages in addition to damages to organization interests, loss of market value, mineral rights, etc. If the complainant can show that the defendant acted fraudulently, maliciously, or negligently, then excellent damages might also be offered.

A real estate legal representative acquainted with trespass to real home in Texas may assist successfully browse the nuances and complexities of the claim. All info offered on (hereinafter "site") is offered informative functions only, and is not meant to be utilized for legal advice. Check Here For More of this site must not take any actions or refrain from taking any actions based upon content or info on this site.

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