fbpx

8:00 - 19:00

Our Opening Hours Mon. - Fri.

+357 25 660 092

After Hours Call +357 99 345 000 Call Us For Free Consultation

Facebook

Twitter

LinkedIn

 

Trespass – Law of Torts Cyprus

Michalaki, Pitsillidou Law Firm > English Articles  > Trespass – Law of Torts Cyprus

Trespass – Law of Torts Cyprus

Definition

“In the law of tortproperty law, and criminal law a trespasser is a person who commits the act of trespassing on a property, that is, without the permission of the owner. Being present on land as a trespasser thereto creates liability in the trespasser, so long as the trespass is intentional. At the same time, the status of a visitor as a trespasser (as opposed to an invitee or a licensee) defines the legal rights of the visitor if they are injured due to the negligence of the property owner.”.

Trespassing as a tort

In the Law of torts trespass to land requires an intentional physical invasion of the plaintiff’s real property by the defendant or a refusal to leave when ordered to leave.

Physical Invasion

The trespasser needs not to enter the land in person. By throwing any physical object onto the land of another such us a rock or even a bucket of water this is a trespass because we have physical entry. However causing noise , light, odors, or smoke to enter the land of another is not a trespass, but instead is nuisance.

Constructive Trespass

A constructive trespass occurs when a person who has permission to be on land overstays their welcome. A person who stays in  a business after its closing time , or who goes to a dinner party but refuses to leave long after the other guests have gone home, is a trespasser despite initially proper presence. Furthermore, a guest’s status as a trespasser arises as soon as he resists the property owner’s command for him to leave the property. If the guest is unconscious this is not a constructive trespass.

For more information and guidance get in touch with our lawyers or email iMPK Global Business Law Firm – Cyprus Lawyers, at info@impklawyers.com .Tel. +357 99345000 – Fax +357 25 660097

No Comments

Leave a Comment

Translate »
GET IN TOUCH