Trespass in Delaware

What Is Trespass?

What is a Trespasser, Invitee, and Licensee?

“The Restatement (Second) of Torts § 229 defines a trespasser as a person who enters or remains upon land in the possession of another without a privilege to do so created by the possessor's consent or otherwise.” (See Berns v. Doan (2008) 961 A.2d 502, 505; Meyers ex rel. Meyers v. Intel Corp., C.A. No. N11C-07-009 JRJ, at *17-18 (Del. Super. Ct. Oct. 9, 2013).)

“‘Invitee’ means a person who enters or remains on the land of another to transact business in which the parties are mutually interested or who enters or remains on such land in response to the landowner's express or implied representation that the public is requested, expected, or intended to enter or remain.” (See Meyers ex rel. Meyers v. Intel Corp., C.A. No. N11C-07-009 JRJ, at *17-18 (Del. Super. Ct. Oct. 9, 2013).)

“‘Licensee’ means a person who enters or remains on the land of another for the licensee's own convenience or to advance his own interests, pursuant to the landowner's permission or consent. "Licensee" includes a social guest.” (See id.)

Elements of a Trespass Claim

“The tortof [t]respass is a strict liability offense, the elements of which are entry onto real property without the permission of the owner.” (See Kane v. NVR, Inc., C.A. No. 2019-0569-PWG, at *17-18 (Del. Ch. June 5, 2020); Robinson v. Oakwood Vill., LLC, C.A. No. 10154-VCG, at *44 (Del. Ch. Apr. 28, 2017); Fairthorne Maint. Corp. v. Ramunno, 2007 WL 2214318, at *5 (Del. Ch. July 20, 2007); Beckrich Hldgs., LLC v. Bishop, 2005 WL 1413305, at *9 (Del. Ch. June 9, 2005)); Gordon v. Nat'l R.R. Passenger Corp., 2002 WL 550472, at *4 (Del. Ch. Apr. 5, 2002).)

“Further, as this Court has explained, [a]ny entry on land in the peaceable possession of another is deemed a trespass whether the defendant acted intentionally or not.” (See id; Alfieri v. State, 1984 WL 478437, at *3 (Del. Ch. Aug. 8, 1984).)

Damages for a Trespass Claim

“Delaware cases addressing the elements of trespass recognize that damages are implied. Any unlawful entry upon another's land constitutes a trespass, and the law implies damages for such a trespass, but the amount depends on the damage actually done.” (See Kane v. NVR, Inc., C.A. No. 2019-0569-PWG, at *18-19 (Del. Ch. June 5, 2020); Cochran v. City of Wilmington (1909) 77 A. 963, 963-64; accord Kuhns v. Bruce A. Hiler Delaware QPRT, 2014 WL 1292860, at *19 (Del. Ch. Mar. 31, 2014), aff'd sub nom. Hiler v. Kuhns, 116 A.3d 1243 (Del. 2015); O'Bier v. JBS Constr., LLC, 2012 WL 1495330, at *2 (Del. Super. Apr. 20, 2012); see also RESTATEMENT (SECOND) OF TORTS § 163 (1965) [The wrong [of trespass] . . . consists of an interference with the possessor's interest in excluding others from the land. Consequently, even a harmless entry or remaining, if intentional, is a trespass]; 75 AM.JUR.2D Trespass § 112 (2009) [in the absence of proven or actual damages, plaintiffs are entitled to nominal damages in an action for trespass].)

“Damages can be pleaded generally.” (See Kane v. NVR, Inc., C.A. No. 2019-0569-PWG, at *19 (Del. Ch. June 5, 2020); Bamford v. Penfold, L.P., 2020 WL 967942, at *21 (Del. Ch. Feb. 28, 2020).)

“Proof of . . . damages and of their certainty need not be offered in the complaint in order to state a claim.” (See id; Anglo Am. Sec. Fund, L.P. v. S.R. Glob. Int'l Fund, L.P. (2003) 829 A.2d 143, 156.)

“Generally, in Delaware, the measure of damages for trespass of land is the difference between the value of the land before the trespass occurred and the value of the land after the trespass.” Kane v. NVR, Inc., C.A. No. 2019-0569-PWG, at *19 (Del. Ch. June 5, 2020); Farny v. Bestfield Bldrs., Inc. (1978) 391 A.2d 212, 213.)

Legal Precedents and Case Law on Trespass

It is well settled that “in general, land owners owe no duty to trespassers.” (See Moran v. Delaware Racing Association (1966) 59 Del. 250, 253.)

It is also well settled that “[p]roperty owners owe a duty of ordinary care as to business invitees. With respect to trespassers, licensees and/or guests without payment, property owners are only under a duty to refrain from willful or wanton conduct.” (See Hynson v. Whittle, C.A. No. N11C-11-142 EMD, at *9 (Del. Super. Ct. Dec. 24, 2013); Simpson v. Colonial Parking, Inc. (2012) 36 A.3d 333, 336; Hoksch v. Stratford Apartments, Inc. (1971) 283 A.2d 687.)

Documents for Trespass in Delaware

Sort By

JEEHYE JUNG v EL TINIEBLO INTERNATIONAL INC, ET AL CIVIL ACTIONS document preview

Memorandum Opinion Regarding the Motion to Dismiss - Civil

44 pages

IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE JEEHYE JUNG, ) ) Plaintiff, ) ) v. ) C.A. No. 2021-0798-MTZ …

Case Name JEEHYE JUNG v EL TINIEBLO INTERNATIONAL INC, ET AL