Welcome to the Trespassing section of FindLaw's Real Estate Center. Trespassing is the legal term for the situation in which one person enters onto the land of another without permission or the legal right to be there. Depending on the circumstances and the law in place where the act occurs, trespassing may be considered a crime, a civil wrong (called a "tort"), or both. For example, a trespasser who steals something from the homeowner's property may be guilty of the crime of burglary. Alternatively, if a trespasser breaks something on the homeowner's property, the homeowner may sue the trespasser under tort law. Find out more below.