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10. If the plaintiff asserts a claim for damages against the defendant based on trespass, which of the following would be a correct disposition of the case?
A plaintiff owned a large tract of land on the shore of a lake. The defendant lived on a stream that ran along one boundary of the plaintiff's land and into the lake. At some time in the past, a channel had been cut across the plaintiff's land from the stream to the lake at a point some distance from the mouth of the stream. From where the defendant lived, the channel served as a convenient shortcut to the lake. Erroneously believing that the channel was a public waterway, the defendant made frequent trips through the channel in his motorboat. His use of the channel caused no harm to the land through which it passed. Once the defendant learned of the plaintiff's ownership of the channel, he stopped using it as a shortcut.
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B is incorrect. The fact that the defendant stopped using the channel after learning of the plaintiff's ownership does not preclude a trespass violation, which does not require the defendant to be aware of the plaintiff's ownership.
C is incorrect. A trespass claim does not require a showing of damages.
D is incorrect. As explained above, a trespass claim does not require the defendant to know that the property belongs to someone else; here, the defendant's belief that it was a public waterway does not protect him from liability.