Trespass claimant has the burden to prove lack of consent to the entry

A trespass is a non-privileged entry onto land possessed by another. Privilege can come from several sources including consent of the owner and public policy. In a case of first impression, the Supreme Court of Texas held that the plaintiff in a trespass case bears the burden of proving that entry by the non-owner was non-permissive. Rather than simply proving that the defendant entered the plaintiff's land, the plaintiff must prove that the entry was a trespass and to do that the plaintiff must show the entry was not done with the consent of the plaintiff owner. Envtl. Processing Systems, L.C. v FPL Farming Ltd., 457 S.W.3d 414 (Tex. 2015).