A. Definition

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

A. Definition

Trespass is an interference with one's right to exclusive, peaceable possession.¹ It is distinguished from nuisance in that it is any intentional invasion of the plaintiff's interest in the exclusive possession of his or her property, whereas nuisance is a substantial and unreasonable interference with the plaintiff's use and enjoyment of property.²

In Cedar Cove Homeowners Ass'n v. DiPietro,³ a homeowner constructed a brick patio that encroached onto commonly owned area. The homeowner's association argued that because the common area was involved, the law of trespass governed and trumped the clear language of the restrictive covenants; however, the court decided where issues involving common areas...