Real Estate: A growing concern in the neighborhood – intentional torts against property interest

New York case law has routinely held that a trespass to land is an intentional infringement of the real property right of another.  In order to prove a trespass, the trespasser must have intended to do the act; the act must have resulted in damage to the property; and the intrusion must be the inevitable consequence of the act.   It is not an element of trespass to prove the trespasser intended the damage that he or she caused.  Courts have the authority to issue equitable relief or damages, as well as, compensatory damages, nominal damages and punitive damages, under special circumstances.

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