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In the law of tort, property, and criminal law a trespasser is a person who commits the crime of trespassing on a property, that is, without the permission of the owner. Being present on land as a trespasser thereto creates liability in the trespasser, so long as the trespass is intentional. At the same time, the status of a visitor as a trespasser (as opposed to an invitee or a licensee) defines the legal rights of the visitor if they are injured due to the negligence of the property owner.

The tort of trespass to land requires an intentional physical invasion of the plaintiff's real property by the defendant.

The intent need not be to commit a trespass, but merely to go to a specific geographic place - if a person walking in a public park errantly leaves the park and enters private property, they are liable for trespass, even though they did not know that they had entered private land. However, a person who ends up on land where they did not intend to go is not liable for trespass. For example, a person walking in a public park who trips and rolls down a hill will not be liable for trespass just because the bottom of the hill is on private land.

The trespasser need not enter the land in person. Throwing any physical object onto the land of another - a rock, a clod of dirt, a bucket of water - is a trespass. Indeed, if A and B are standing next to C's land, and A pushes B onto the land without entering it himself, it is A (and not B, who did not intend to enter that space) who is liable for the trespass to[1]C's land. There must be some physical entry, however. Causing noise, light, odors, or smoke to enter the land of another is not a trespass, but is instead a different tort, nuisance.

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