The Elements for a Claim of Trespass in Nevada
In Nevada, the elements for a claim civil trespass are:
- Invasion upon property of another;
- Defendant acted intentionally to intrude; and
- Causation and damages.
Bradley v. Am. Smelting & Ref. Co., 104 Wash.2d 677, 692-693 (1985); Lied v. Clark County, 94 Nev. 171, 173-174, 579 P.2d 275 (1978).
See elements for other claims at the Nevada Law Library
The information provided on this site does not, and is not intended to constitute legal advice. You understand each legal matter should be considered to be unique and subject to varying results. You should not take or refrain from taking action based on any information contained on this website without first consulting legal counsel, as it is not intended to advise you on your particular matter. Further, you understand that no guarantee is given that the information contained herein is an accurate statement of the law at any given point in time, as the law is constantly changing. Guest bloggers are responsible for their own content, which is not to be construed as an article authored by NLB. Please see https://nevadalaw.info/disclaimer
View all of NLB's posts.
Jay, what are the damages for civil trespass when the trespasser completely destroys real property (for example, a ornamental pine tree)? Is it the value of replacing that property, as it is for criminal trespass in Nevada? Thank you!
Let me rephrase, what is the measure of damages for intentional destruction? How does the court calculate the value of the destroyed real property prior to the treble application as provided in NRS 40.160? Thank you.
There is no formula for calculating damages. You are allowed to argue whatever measure applies to your situation. You can argue, for instance, the cost of replacing the tree, out-of-pocket expenses, aesthetic loss, etc.