continuing trespass


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Noun1.continuing trespass - trespass that is not transient or intermittent but continues as long as the offending object remains; "dumping his garbage on my land was a case of continuing trespass"
trespass - a wrongful interference with the possession of property (personal property as well as realty), or the action instituted to recover damages
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BLACK LETTER CONTINUING TRESPASS: DOCTRINE AND THE RESTATEMENT
constitute a continuing trespass that will not be time-barred by a
continuing trespass. (6) The body of case law on these issues is
Younger residents added a depth of diverse evidence in demonstrating that the Rumney Recreation Ground is a Village Green by virtue of continuing trespass, a practice that has existed for more than a century.
For example, a Massachusetts appeals court ruled that "continuing and frequent invasion of golf balls from a private golf course onto a homeowner's property constituted a continuing trespass." (Amaral v.
Interdict may be sought, but only if there is a threat of repeated, or continuing trespass, and not if there was no intention to claim a right, or if it was done in good faith.

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