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Trespass Litigation Toolkit (PA)
Practical Law Toolkit w-041-7989 (Approx. 5 pages)
Trespass Litigation Toolkit (PA)
by Practical Law Commercial Litigation
| Maintained • Pennsylvania |
A Toolkit of links to resources to assist counsel with key aspects of litigating a civil claim of trespass to real property in Pennsylvania state court. This Toolkit includes links to state-specific resources discussing how to commence an action and allege a claim for trespass, how to respond to a complaint and defend against a trespass claim, and how to propound and respond to discovery. It also includes links to national resources explaining the elements of a trespass claim generally.
A trespass occurs when the defendant intentionally makes (or causes another person or thing to make) an unauthorized entry on land in the plaintiff's possession, remains on the land, or fails to remove a thing from the land despite a duty to do so. A trespass may be either continuing or permanent. A trespass is:
- Permanent if it causes both:
- a long-lasting effect, such as a permanent change in the physical condition of the plaintiff's land; and
- past and future damages to the plaintiff that may be predictably determined.
- Continuing if it causes unpredictable future impacts, typically because either:
- it can be abated at any time; or
- the damages may vary over time.
Whether the trespass is continuing or permanent affects when the statute of limitations begins to run and what damages are recoverable.
This Toolkit contains links to resources to help counsel understand the different types of trespass claims. It also contains links to resources to assist counsel in asserting or defending against a trespass claim under Pennsylvania law, including resources to help counsel conduct discovery, or bring a motion for summary judgment.