Date: Wed, 22 Feb 2006 10:09:33 -0700

From: Lewis Klar

Subject: Can Trespass to land be committed without fault (other than in Canada)?

Re: Negligent Trespasses

I have always had a rather strange fascination with the concept of negligent trespass and in addition to the passage in my book referred to by Neil, I recently published an article entitled: "Intentional and Negligent Trespass: It Is Time To Clarify The Law" (2004), The Advocates Quarterly 410. It is reassuring to know that I am not the only one who finds the concept intriguing. Another Canadian case on innocent trespass is Costello v City of Calgary (1997) 152 DLR (4th) 453 (Alberta Court of Appeal).

Cheers,

Lewis Klar
Professor of Law
University of Alberta
(currently Visiting Professor, University of San Diego)

>>> "Goldberg, John" 2/22/2006 5:09 AM >>>

See, e.g., Burns Philp Food, Inc. v. Cavalea Contintental Freight, Inc., 135 F.3d 526 (7th Cir. 1998) (applying Illinois law) (company that builds fence on neighbor's property has committed trespass even though it thought the fence was on its property and "no one knew otherwise" until years after it was built; the fact that the company may have acted reasonably is irrelevant to the issue of damages because trespass "is a strict liability tort") (citing Restatement (Second) of Torts Section 158).

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