Understanding Car Accident Claims

Potential Damages In A Trespass Claim

by Lois Gibson

When someone trespasses on your property and causes you damages, they should compensate you for the damages just as you should be compensated when a motorist crashes into your car. Here are some of the damages you can claim in the case of a trespass claim:

Loss of Market Value

You can claim this damage if the trespasser's actions interfered with the value of your property. There are several ways in which this may happen. For example, a neighbor who trespasses your land and cuts down the mature trees reduces its value since buyers prefer homes with mature trees. Note that you can only claim loss of value based on the property's value at the time of the trespass and not its value at acquisition.

Loss of Use

Some forms of trespass may also deny you use of your property. In that case, an evaluation will be needed to quantify how much you deserve for the duration of which you could not use your property due to the trespasser's actions. For example, if a neighbor uses your land to dump dangerous garbage (such as chemicals), they should compensate you for the duration the chemicals denied you use of the land.

Restoration Cause

Some trespasser's interferences go away as soon as the trespassing action stops while others need costly remediation. For example, a person who has been using your land can just stop their actions; there is no restoration needed. However, someone who has been dumping their garbage on your land will need to pay for the cost of getting rid of the garbage. Similarly, if the trespasser's actions have damaged your lawn or landscaping, they need to pay for the necessary restoration.

Emotional Distress

It is annoying to have someone trespass on your property, especially if you have told them to cease their actions. It is even more stressful if the trespasser is invading your personal space or denying you use of your property. Courts recognize that all forms of trespass are inherently distressing and annoying because nobody wants a trespasser on their property. However, the level of emotional distress will vary depending on the circumstances of the trespass. For example, a trespasser who dumps dangerous chemicals on your land may be more annoying than another who uses it as a shortcut to their property. 

Therefore, don't stop at getting the other person to stop trespassing on your claim. Consult a personal injury lawyer to see how to get the guilty party to pay your damages.