Trespass for mesne profits refers to a legal action taken against a person who has been removed from a property that they did not own. This lawsuit seeks to recover damages for any harm the trespasser caused to the property and any profits they may have earned while occupying it. Essentially, it addresses the financial impact of unauthorized possession of land or property.
This term is primarily used in civil law, particularly in property disputes. It is relevant in cases where a person has been wrongfully evicted from their property or has had their property occupied without permission. Users can manage certain aspects of this process themselves, especially with the help of legal templates available through US Legal Forms, which are drafted by experienced attorneys.
Here are a couple of examples of abatement:
Example 1: A landlord evicts a tenant who refuses to leave after the lease ends. The landlord can sue for mesne profits if the tenant continues to occupy the property and generates rental income from subletting it.
Example 2: A property owner discovers that a neighbor has built a fence on their land without permission. The owner can seek damages for any harm caused and any profits the neighbor made from using that land. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Key Differences |
|---|---|
| California | Allows for recovery of both damages and profits, with specific statutes governing rental income from unauthorized tenants. |
| Texas | Requires proof of actual damages incurred and limits recovery to the value of the property during the period of unauthorized use. |
| New York | Has specific procedural rules for filing a suit for mesne profits, including time limits for claims. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Trespass | Unauthorized entry onto someone else's property. | Trespass for mesne profits specifically involves claims for damages and profits from the unauthorized use. |
| Eviction | The legal process of removing a tenant from rental property. | Eviction is a process, while trespass for mesne profits is a legal claim for damages post-eviction. |
If you believe you have a case for trespass for mesne profits, consider the following steps:
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The purpose is to recover damages and profits from a person who unlawfully occupied your property.