What rule did Dougherty v. Stepp establish?

Any unauthorized entry onto another’s land is trespass, even if the land is unenclosed and no visible damage occurs.

Does the owner need to prove actual damage?

No. The law presumes some damage from every unauthorized entry—at least trampling grass or similar disturbance.

What if the entry was a mistake?

A good-faith mistake does not excuse trespass. Liability still arises for entering without permission.

Was the land fenced or enclosed?

It does not matter. Trespass can occur on unenclosed land as well; enclosure is not required.

What relief is typical when no damage is shown?

Courts may award nominal damages to recognize the violation of the owner’s right to exclusive possession.

Dougherty v. Stepp

Dougherty v. Stepp 18 N.C. 371 (1835)

Trespass to Land — simple, classroom-style English for quick study.

Supreme Court of North Carolina 1835 Citation: 18 N.C. 371 Property / Tort Reading: ~5 min Location: India (Explainer)

CASE_TITLE: Dougherty v. Stepp PRIMARY_KEYWORDS: trespass to land, unauthorized entry, property rights SECONDARY_KEYWORDS: unenclosed land, nominal damages, surveying mistake AUTHOR_NAME: Gulzar Hashmi PUBLISH_DATE: 2025-10-30 Slug: dougherty-v-stepp

Quick Summary

This case says: stepping onto someone’s land without permission is trespass, even if you cause no visible harm and even if the land is not fenced. In Dougherty v. Stepp, the defendant and his team entered by mistake to survey. No trees were marked, and no visible damage was shown. Still, the court treated the entry itself as a legal injury. Property rights protect exclusive possession; the law presumes some damage from every unauthorized entry.

Trespass to Land Unauthorized Entry Enclosure Not Required Nominal Damages

Issues

Is a mere unauthorized entry onto another’s land a trespass, even without actual damage?
Does trespass apply to unenclosed land?

Rules

Every unauthorized intrusion onto another’s land is trespass, whether the land is enclosed or not. The law infers some damage from every such entry—at least the treading down of grass or similar disturbance.

Facts (Timeline)

Simple timeline illustration for Dougherty v. Stepp trespass case

Entry by Mistake

The defendant and his team went onto the plaintiff’s land thinking it was their own.

Survey Activity

They started to survey the land. No trees or shrubs were marked or cut.

Lawsuit for Trespass

The plaintiff sued for trespass to property despite no visible damage.

Arguments

Appellant (Plaintiff)

Any unpermitted entry violates exclusive possession.
Damage is presumed by law; enclosure is irrelevant.
Right to keep surveyors off the land is a protected interest.

Respondent (Defendant)

Entry was a good-faith mistake; no harm was done.
Land was unenclosed; no interference with use was shown.
Surveying without marking should not be actionable.

Judgment

The court held that the entry was trespass. It did not matter that there was no visible injury and that the land was not enclosed. The plaintiff’s right to exclusive possession was infringed.

Result: Decision in favor of the plaintiff. Unauthorized entry alone is actionable.

Ratio Decidendi

Trespass protects possession. The tort is complete upon unauthorized entry. The law presumes some damage from the invasion, so proof of actual physical harm is not required.

Why It Matters

Confirms strong protection of landowners’ exclusive possession.
Clarifies that unenclosed land is not an open invitation.
Supports nominal damages where no measurable loss is proved.

Key Takeaways

Unauthorized entry = trespass, damage or not.
Enclosure of land is not required.
Mistake does not excuse liability.

Law presumes some damage from every entry.
Supports nominal damages to mark the wrong.
Core case for property and tort exams.

Mnemonic + 3-Step Hook

Mnemonic: “ STEP → TRESPASS”

Step onto land without consent.
Fence? Not needed—unenclosed still protected.
Damage? Presumed—nominal award can follow.

IRAC Outline

Issue

Whether a mere unauthorized entry onto another’s unenclosed land, without proof of actual damage, is trespass.

Rule

Every unauthorized entry is trespass; the law infers some damage from the invasion itself.

Application

Defendant entered by mistake and surveyed. Even without marking or visible harm, the entry violated exclusive possession.

Conclusion

Trespass made out; plaintiff can recover at least nominal damages.

Glossary

Trespass to Land: Direct, unauthorized entry onto another’s land, regardless of damage.
Exclusive Possession: The owner’s right to control who enters or uses the land.
Nominal Damages: A small sum awarded to mark a legal wrong when no actual loss is proved.