Bar Exam — MBE (Multistate Bar Exam)TortsEasy
A popular social media influencer, known for her adventurous outdoor content, intentionally posted a video showing her climbing over a clearly marked 'No Trespassing' fence onto private property to access a scenic waterfall. The property owner, observing the video, suffered significant emotional distress from the invasion of her privacy and the public encouragement of others to trespass on her land. The influencer's actions caused no physical damage to the property itself. Can the property owner successfully sue the influencer for trespass to land?
- AYes, because the influencer intentionally entered the property without permission.
- BNo, because the property owner's primary injury was emotional distress, not physical harm to the land.
- CYes, but only if the property owner can prove actual monetary damages resulting from the trespass.
- DNo, because the influencer did not cause any physical damage to the property.
Show answer & explanationAnswer & explanation
Correct answer: A. Yes, because the influencer intentionally entered the property without permission.
Trespass to land requires only an intentional physical invasion of another's real property without permission. Actual damages are not required for the tort to be complete, and emotional distress can be a recoverable damage once trespass is established.
Why the other options are wrong
- B. While emotional distress is the primary injury, it does not negate the tort of trespass itself. Trespass is actionable without proof of actual harm.
- C. Trespass to land is actionable per se, meaning actual monetary damages are not required to establish the tort. Nominal damages can be awarded.
- D. Physical damage to the property is not an element required to establish trespass to land. Nominal damages can be awarded even without actual damage.
Trespass to Land
An intentional physical invasion of another's real property without permission or privilege. It is actionable per se, meaning no actual damages are required.
- Intentional act (volitional movement, not necessarily intent to trespass).
- Physical invasion (person or object).
- Of another's land (possessory interest).
- Without permission/privilege.
Memory trick: Property boundaries are for keeping out the 'trespasser's bad surprises'.