PJC General Negligence 2022

T RESPASS

PJC 11.1

PJC 11.1 Trespass Actions Generally—When to Apply (Comment) Definitions. “Trespass” means an entry on the property of another without having consent of the owner. The term “trespass” is used frequently within different contexts. This chapter deals with civil trespass. Another volume addresses oil-and-gas-related trespass. See the current edition of State Bar of Texas, Texas Pattern Jury Charges— Oil & Gas . In a civil trespass action, unauthorized entry on the property of another without hav ing consent of the property owner constitutes trespass. Trespass can also occur by causing or permitting a thing to cross the property boundary of another without that owner’s consent. In the context of oil and gas, a defendant’s conduct is affected by fac tors such as oil production and the mineral estate, and there are different types of defenses and damages recoverable. Texas law also includes criminal trespass. That offense is subject to an action brought by a prosecuting entity for violations of specific ordinances and laws. Criminal trespass is not addressed in this volume and remains within the purview of criminal law and specific criminal jury charges. See the appen dix to this volume for more information about Texas Criminal Pattern Jury Charges Online . Practitioners should apply this chapter if the claim involves an entry on the property of another without having consent of the owner and does not involve oil and gas. For other types of trespass, consult the following: 1. If the claim involves the removal of or interference with an oil and gas lease or its production, see chapters 302 and 313 in the current edition of State Bar of Texas, Texas Pattern Jury Charges—Oil & Gas . 2. If the claim involves the legal duties owed to a “trespasser” by a land owner, see PJC 66.9 in the current edition of State Bar of Texas, Texas Pattern Jury Charges—Malpractice, Premises & Products . 3. If the alleged conduct involves a crime or is being prosecuted under a Texas criminal statute, use the applicable definition from the Texas Penal Code or applicable statute. See also State Bar of Texas, Texas Criminal Pattern Jury Charges Online . 4. If the alleged conduct involves a nuisance, the practitioner should consult the nuisance instructions in chapter 12 of this volume.

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