28.5.2 Injury.
Jurisdiction | Arizona |
28.5.2 Injury. Trespass to land is an interference with the plaintiff’s right to control entry and exclude others from his property,38 and therefore, a plaintiff need not show actual physical damage to his property in order to maintain a cause of action for a defendant’s intentional trespass to land.39 However, in situations in which the defendant’s conduct is something less than intentional, Arizona law appears to require (and the Restatement confirms) that the plaintiff must show harm to his property or...
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- 28.1 Chapter Scope
- 28.2 Statute of Limitations
- 28.3 Introduction
- 28.4 Elements of Trespass to Chattels.
- 28.4.1 Intent Required.
- 28.4.2 Standing to Bring Suit.
- 28.4.3 Measure of Damages.
- 28.5 Elements of Trespass to Land.
- 28.5.1 Intent.
- 28.5.2 Injury.
- 28.5.3 Standing to Bring Suit.
- 28.5.4 Damages for Trespass to Land.
- 28.6 Injunctive Relief
- 28.7 Overflight and Underground Trespass
- 28.8 Encroachment by Vegetation Objects
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