Understanding Trespass and Property Damage Claims in Washington

Property disputes are among the most common civil issues in Washington, and two of the most frequently misunderstood involve trespass and property damage. While both deal with interference with private property rights, Washington law distinguishes between criminal trespass, which is prosecuted by the state, and civil trespass or property damage, which allows a property owner to recover compensation. Understanding the difference between these claims and knowing how to document your losses is essential for protecting your rights and securing fair relief.

Civil vs Criminal Trespass

In Washington, criminal trespass occurs when a person knowingly enters or remains on another person’s property without permission, as defined under RCW 9A.52.070 (first degree) and RCW 9A.52.080 (second degree). These cases are handled by law enforcement and prosecuted by the state. Penalties can include fines, probation, or even jail time depending on the degree of intrusion and whether the entry involved buildings, fenced areas, or posted property.

Civil trespass, by contrast, is a private claim brought by the property owner. The focus is not on punishment, but on the interference with the owner’s lawful use and enjoyment of their land. Common examples include a neighbor building or storing equipment across property lines, a contractor exceeding the scope of permission, or vehicles and individuals repeatedly entering private land.

To prevail in a civil trespass claim, the owner must generally show three elements:

  1. The defendant intentionally entered or caused something to enter the property.
  2. The property belonged to the plaintiff.
  3. The entry occurred without consent or legal right.

Even if no visible damage occurs, Washington courts recognize that an unauthorized entry can still justify an award of nominal or compensatory damages.

Property Damage and Compensation

When trespass results in actual property damage, the owner may pursue compensation for repair costs, loss of value, or loss of use. Examples include broken fences, damaged landscaping, soil contamination, unauthorized removal of trees, or construction work extending beyond a property boundary.

To support a claim, property owners should collect and preserve detailed evidence, such as:

  • Photos and videos of the damage and surrounding area
  • Written estimates or invoices for repairs
  • Witness statements or security footage showing the trespass or damage
  • Boundary surveys or title documents confirming property lines

Thorough documentation strengthens a civil claim and can make the difference between partial reimbursement and full recovery. In significant cases involving long-term damage or loss of use, an attorney can help quantify the harm and pursue additional remedies such as injunctive relief or attorney’s fees under Washington’s property statutes.

The Bottom Line

Trespass and property damage can range from minor disputes to costly, long-term conflicts. Washington law gives property owners clear rights to protect their land and recover compensation when those rights are violated. Whether you are facing an ongoing intrusion or damage caused by a neighbor, contractor, or business, prompt action and thorough documentation are key.

The Law Office of Erin Bradley McAleer represents property owners across Southwest Washington in civil trespass and property damage claims, helping clients resolve disputes efficiently and protect their investment.