law-trespass

Trespass

Trespass to real property requires a showing of an unauthorized physical entry onto the plaintiff's property by
some person or thing.  Tex. Woman's Univ. v. Methodist Hosp., 221 S.W.3d 267, 286 (Tex. App.- Houston[1st
Dist.] 2006, no pet.); Ronald Holland's A-Plus Transmissions v. E-Z Mart Stores, Inc., 184 S.W.3d 749, 758 (Tex.
App.- San Antonio 2005, no pet.).  The entry need not be in person but may be made by causing or permitting a
thing to cross the boundary of a property.  Id.  Trespass usually is regarded as an intentional tort in the sense
that it involves an intent to commit an act that violates a property right, or would be practically certain to have that
effect, although the actor may not know the act he intends to commit is such a violation.  Harris County v.
Cypress Forest Pub. Util. Dist., 50 S.W.3d 551, 554 (Tex. App.- Houston [14th Dist.] 2001, no pet.).
Warwick Towers Council of Co-Owners v. Park Warwick, LP (Tex.App.- Houston [14th Dist.] Oct. 8,
2009)(Boyce)(opinion on remand) (water damage, subogation claim, trespass)  
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Boyce      
Before Justices Anderson, Guzman and Boyce  
14-05-00254-CV        Warwick Towers Council of Co-Owners, by and through St. Paul Fire & Marine Insurance
Company v. Park Warwick, L.P., Park Warwick Investments, L.L.C., and Park Hotel Investments, L.L.C.    
Appeal from 113th District Court of Harris County



D & KW Family, LP v. Bidinger (Tex.App.- Houston [1st Dist.] Jun. 11, 2009) (Radack)
(property access dispute, easement by necessity, trespass)
AFFIRM TC JUDGMENT:   
Before Chief Justice Radack, Justices Alcala and Hanks. Opinion by Chief Justice Sherry Radack
01-08-00260-CV D & KW Family, L.P. v. Kimberly Kay Bidinger and Alfredo Arturo Ballestas
Appeal from 190th District Court of Harris County
Trial Court Judge: Hon. Jennifer Walker Elrod  



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