RIGHT OF ENTRY
The owner of personal property has the right to enter another person's
land to take possession. The mere use of force upon the personal property
as needed to remove it, such as lifting and towing, is not a violation of the landowner's rights.
Westerman v. Oregon Automobile Credit Co.p., et. al., l22P.2d 435,168 Or. 216 (1942)
26 ALR 2d rl94
75 Am Jur 2d sec. 44
A landowner who claims trespass must show that he has exclusive possession of the land.
Hay v. Oregon Dep't of Transportation, 719 P.2d 860, 301 Or. 129 (1986)
Martin v. Union Pacific Railroad, 474P.2d139,256 Or. 563, 565, (1970)
A person entering public premises carurot be charged with trespass b.ecause the entry was
lawful. Trespass cannot be based upon an unjust order to vacate. The following defenses to
trespass have been recognized: claim of right, necessity, lawful entry.
St. v. R. H.,939P.2d211,86 Wash. App.807, (1991)
St. v. Batten, 578 P.2d896,20 Wash. App.77 (1978)