How To Prove A Florida Trespassing – Structure or Conveyance Claim

 

 

In Florida, a claim of Trespassing – Structure or Conveyance is defined as:

Trespassing is unlawfully entering or remaining in a structure or conveyance (vehicle) without being authorized, licensed, or invited or remaining on the land when permission or authorization has been withdrawn.

It simply means:

Entering someone’s private property without permission.

There are 3 elements of the claim:

• Element 1. The defendant caused damages to or made use of plaintiff’s land. The defendant either harmed the plaintiff’s property or used it without permission, which is a key part of proving a trespassing claim involving a building or vehicle.
  

  Facts that might support this element look like:

  * The defendant constructed a fence that encroached upon the plaintiff’s property line without permission.
  * The defendant parked multiple vehicles on the plaintiff’s land, causing damage to the grass and soil.
  * The defendant installed a drainage system that redirected water runoff onto the plaintiff’s property, leading to flooding.
  * The defendant removed trees from the plaintiff’s land, resulting in a loss of natural habitat and aesthetic value.
  * The defendant stored construction materials on the plaintiff’s property, obstructing access and causing inconvenience.

• Element 2. The defendant had no right or authority over the property when the trespass occurred. For a trespassing claim to be valid, it must be shown that the person who entered the property did not have permission or legal authority to be there at the time of the incident.
  

  Facts that might support this element look like:

  * The defendant was not listed as an owner or authorized occupant of the property in public records.
  * The defendant received no permission from the property owner to enter or remain on the premises.
  * The property owner had previously issued a formal notice prohibiting the defendant from accessing the property.
  * The defendant was aware that they had been banned from the property due to prior incidents.
  * The defendant did not possess a lease or rental agreement granting them access to the property.

• Element 3. The plaintiff must have been the owner or rightfully in possession of the land at the time of the trespass. To win a trespassing case, the person bringing the lawsuit must prove they owned the land or had the legal right to be there when the trespass occurred.
  

  Facts that might support this element look like:

  * The plaintiff held the title deed to the property, demonstrating legal ownership at the time of the alleged trespass.
  * The plaintiff had been residing on the property continuously for over five years, establishing rightful possession.
  * The plaintiff had paid property taxes on the land for the previous year, indicating an ongoing interest in the property.
  * The plaintiff had a valid lease agreement for the property, granting them the right to possess it at the time of the trespass.
  * The plaintiff had previously notified the trespasser of their ownership and requested that they leave the property.

^{(See Winselmann v. Reynolds, 690 So.2d 1325, 1327 (Fla. 3d DCA 1997). Vincent v. Hines, 79 Fla. 564, 84 So. 614, 616 (Fla. 1920). Brown v. Solary, 37 Fla. 102, 19 So. 161 (1896). Florida Statute 810.08.)}
If you’re representing yourself in court and plan to assert a claim of Trespassing – Structure or Conveyance, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to navigate your case effectively.

Prove Your FL Trespassing – Structure or Conveyance Claim

U.S. Civil Cases Only