What distinguishes trespass from nuisance?

The distinction between trespass and nuisance primarily revolves around the nature of the invasion of property rights. Trespass specifically refers to the unlawful entry onto someone's land without permission. This can occur regardless of whether the entry causes any damage; the mere act of entering can constitute trespass.

On the other hand, nuisance involves an interference with the use and enjoyment of land, which may not involve direct physical entry onto the property. For example, loud noises, odors, or pollution could be considered nuisances even if the person responsible never set foot on the affected property. This fundamental difference in how the rights are infringed upon clarifies why the correct choice identifies that trespass involves a direct invasion of land, while a nuisance does not necessarily require such an invasion.

This understanding highlights the legal definitions and implications associated with each claim, clarifying their distinctions in property law.