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For most people, the word “trespassing” elicits images of a masked miscreant lurking in the dark. Under Montana law, however, trespassing can also be a civil claim arising from another person’s intrusion upon your property. If it is a physical intrusion, i.e., the entry of another person or thing that obstructs your exclusive possession, you don’t even have to prove damages to prevail in your trespass claim. When you can show damages, the intrusion may be intangible. For example, a trespass could be an invasion of your property by noise, light, airborne gases, or even electromagnetic fields.
If you are having difficulty with someone entering your property or with a neighbor’s intrusion on your land, the attorneys at Orr McDonnell Law, PLLC may be able to help.