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How to Calculate Damages in Cases of Trespass

On Behalf of | Apr 13, 2022 | Real Estate |

What happens if someone trespasses and causes damages to your property? Trespass to land occurs when one party enters another party’s property without consent. There is no need for substantial injury to have occurred.

To prove your trespassing case, you typically must indicate that the following actions took place:

Entry: The defendant must have intentionally entered the property in question, regardless of whether they intended to do so in an unfair manner. Defendant may have also caused an object to enter the property.

Property of another party: A trespass case must be brought into question by a party with legal authority to the property, such as the owner or a tenant.

Without consent: The entry must be unauthorized, either verbalized or implied. Postal services are excluded as they typically have implied consent.

Damages: In most cases, damage must have occurred. There does not need to be an intent for harm, but the actions of the defendant must have played a crucial role in causing the damages.

If someone trespasses on your property, you are entitled to compensation. It is crucial to prove damages as much in detail as possible to ensure you are receiving fair reimbursement. If you use the wrong damages model, you may not be awarded compensation or may lose the case itself entirely.

How do you know what damages model to use? Usually, you will see arguments regarding decreased market value or the cost of repairs to assess the extent of the damages. Which one you choose depends on whether the damage is temporary or permanent. If the damage is temporary, you may sue for the cost to repair as well as for the loss of usage. Even if the damages can be fixed, the damages may be considered permanent if they are likely to be reoccurring or if the cost to repair is extremely high. If the damages are considered permanent, the amount to be reimbursed will be calculated by how much the damages decrease the market value of the property.

It is important to ensure that the evidence you present is objective. If there are doubts regarding the validity of the damages being stated, your claims will likely be turned down by the court. To successfully argue your case, the assessment of damages must be reasonable while also giving objective evidence.

If you feel that you may have cause to file a trespass claim or have any questions regarding how to calculate damages in such a case, please contact us for an experienced real estate attorney. Our number is 713-572-4900.



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