trespasser

noun
tres·​pass·​er | \ ˈtres-ˌpa-sər, -pə- \

Legal Definition of trespasser

: one who trespasses especially : one who enters or remains on the real property of another wrongfully or without the owner's or possessor's authority or consent — compare invitee, licensee

Note: The general rule is that the owner or possessor of real property has the duty merely to refrain from willfully, wantonly, or recklessly injuring a trespasser whose presence is known. This rule is usually applied to licensees as well, although a licensee is usually owed a higher degree of care when an entrance fee is charged or when active operations (as of machinery) are taking place on the property.

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Cite this Entry

“Trespasser.” Merriam-Webster.com Legal Dictionary, Merriam-Webster, https://www.merriam-webster.com/legal/trespasser. Accessed 20 Jun. 2021.

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