B. Elements

• Library: Elements of Civil Causes of Action (SCBar) (2021 Ed.)

B. Elements

(1) legal possession
(2) voluntary entry on the property by the defendant
(3) the entry was without the plaintiff's permission.⁴

A plaintiff is not required to allege physical harm to state a claim for trespass, although lack of any allegation of physical harm will restrict the damages available to the plaintiff.⁵ Santoro v. Schulthess⁶ appears to hold differently. In Santoro the defendant placed a temporary stopper in the leaking spillway to a pond on his property. The stopper caused...