By Jim Gramling, Attorney at Law
My first-year property professor, James Ely, wrote a book entitled The Guardian of Every Other Right: A Constitutional History of Property Rights. In it, he argues that the right to property is a bedrock principal that underlies all of our Constitutional rights. In a recent decision from the Arkansas Court of Appeals, Ferguson v. Harrison, the court reaffirmed that vital principle of real estate law: you don’t need to prove financial loss to sue for trespass.
Background Rick and Deanna Ferguson owned lakefront property in Hot Springs, Arkansas. Their neighbors, Mary and Michael Harrison, trimmed a row of trees and shrubs located on the Fergusons’ side of the property line. The greenery had served as a privacy screen and windbreak for the Fergusons. Mary Harrison cut back a significant portion of it without permission.
The Fergusons sued for trespass, seeking actual, punitive, and statutory damages. At trial, Rick Ferguson admitted that he couldn’t assign a dollar value to the damage and acknowledged that the hedges eventually grew back. Still, he wanted to vindicate his rights as a property owner.
Trial Court Ruling The trial court granted a directed verdict in favor of the Harrisons, reasoning that without proof of actual damages, the jury couldn’t consider the claim.
The Appeal On appeal, the Arkansas Court of Appeals reversed the decision. Citing long-standing Arkansas precedent, the court noted that “a trespass on lands is actionable, although the damage to the owner is inappreciable” (Reeves v. Jackson, 1944). The court emphasized that nominal damages are available simply for the violation of a legal right, even if there is no measurable financial harm.
In other words, if someone enters your land without permission and interferes with your property rights, you have the right to bring a claim—and to have a jury hear it.
Why This Matters The decision is a reminder that property rights are about more than money. If a neighbor crosses the line—literally or figuratively—Arkansas law provides a remedy, even if the hedges grow back or the damage isn’t visible on a balance sheet.
Takeaway for Property Owners If someone enters your land without your consent, you may have a valid trespass claim even if you haven’t suffered clear financial damage. Document the intrusion, stand firm on your rights, and talk to a qualified attorney about your legal options.
At Gramling Law Firm, we stand with Arkansas property owners. If you have questions about your real estate, boundaries, or trespass issues, contact us today.