LAW 516-001 – Property II

Intentional Invasion


Restatement Second of Torts § 825

Intentional Invasion—What Constitutes

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An invasion of another's interest in the use and enjoyment of land or an interference with the public right, is intentional if the actor

  1. acts for the purpose of causing it, or
  2. knows that it is resulting or is substantially certain to result from his conduct.
Restatement Second of Torts § 826

Unreasonableness of Intentional Invasion

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An intentional invasion of another's interest in the use and enjoyment of land is unreasonable if

  1. the gravity of the harm outweighs the utility of the actor's conduct, or
  2. the harm caused by the conduct is serious and the financial burden of compensating for this and similar harm to others would not make the continuation of the conduct not feasible.