If someone trespasses on your real estate property, you have the right to file a civil lawsuit and seek damages from the trespasser. You will need to prove actual damages from the trespasser's activities. Below are some of the damages for which the defendant should compensate you if you have the necessary proof.
Loss of Use
Loss of use is probably the most basic damage when it comes to trespassing claims. This makes sense since you may not be able to use the trespassed property simultaneously with the trespasser. Say you have a boundary dispute with your neighbor, and the neighbor has been using a section of your property for parking their recreational vehicle (RV). In such a case, you won't be able to use that section of your land until you resolve the dispute, and the neighbor should compensate you for the loss once you prevail with your claim.
Loss of Market Value
The nature of trespassing activities on your property determines whether the trespass has affected the property's market value or not. For example, if a local business dumps their wastes on a section your farmland, you might find it difficult to lease out the land or sell it. In such a case, the liable business should compensate you for the loss of the property's value.
Restoration Costs
If the trespassing activities damage your property, then the offender should pay for you to fix or repair the damages. Say someone has been dumping dangerous wastes on your property; you will need to remediate the pollution before you can use the property without health risks. Depending on the trespassing activities, these restoration costs might form the biggest percentage of trespassing damages.
Emotional Distress
The mere thought of having an unwanted person on your property can be annoying or even traumatizing. Even the process of evicting a trespasser might not be a walk in the park if the trespasser is determined. Say you have inherited a vacation house from your grandparents, but the property had long been vacant and a trespasser took the opportunity to occupy the house. It can be traumatizing to know that someone else is occupying your beloved grandparents' home, and the trespasser should compensate you for this emotional trauma and discomfort too.
As you would expect with a civil lawsuit, you need to have a strong case backed with evidence, witness testimony, and legal basis for you to succeed with your claim. Consult a lawyer from a firm like Adams Jordan & Herrington PC to help you evaluate your case and give it the necessary weight.
