Trespass – Law of Torts Cyprus
“In the law of tort, property 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.
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.
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.