What is the test for a right to exclude someone from trespassing on private property?

California, United States of America


The following excerpt is from Church v. Superior Court, 121 Cal.Rptr.2d 810, 99 Cal.App.4th 1244 (Cal. App. 2002):

131.) "As a general rule, landowners ... have a right to exclude persons from trespassing on private property; the right to exclude persons is a fundamental aspect of private property ownership." (Allred v. Harris (1993) 14 Cal.App.4th 1386, 1390, 18 Cal.Rptr.2d 530.)

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