What is Trespassing by Abby Neuens
Trespassing is when someone enters onto land without the permission of the owner. Criminal trespass laws are enforced by police officers, sheriffs, or park rangers, but civil trespass laws need to be reported by the landowner, not by a civil servant. They are able to take the trespasser to court in order to collect payment for damages caused by the trespasser.
There are some exceptions where the trespasser would be free from prosecution. For example, if the landowner left their land open (without a fence or gate), the trespasser was not substantially interfering with the owner’s use of the land, and the trespasser left when asked, they would not be in trouble. However, if the trespasser went on the property even when asked not to or ignored a no trespassing sign, they would be prosecuted. This also applies to fenced-in property.
The landowner is able to issue consent to people in order to allow them on their land. There are two types of consent, expressed and implied. Expressed consent is when the indicates either verbally or in writing that the other is able to go on their land. It must include a start date and end date, as most landowners only give permission for people to enter their land for a limited period of time or for one specific purpose. Implied consent is when the landowner’s permission is assumed according to their conduct, custom, or the circumstances. One specific instance would be if they were unavailable to give consent and immediate action is needed in order to prevent serious injury or death.
In some cases, the landowner can be held liable for an injury a trespasser receives while on their property. Such cases would be if they willfully injured the person or kept up harmful conditions even while knowing that people frequently trespassed on their land. For example, if a homeowner were to set up a tripwire to prevent trespassers and someone were to get injured on it, the homeowner would be responsible.
If a homeowner is worried about the possibility of trespassers and wants to stay out of legal trouble, they can start by setting up “No Trespassing” or “Private Property” signs in a couple visible locations to ward people off. It warns the potential trespassers and makes it known that you do not give consent. Another way to protect your land is by installing cameras. However, laws are different everywhere and this too could cause a problem.
There are some exceptions where the trespasser would be free from prosecution. For example, if the landowner left their land open (without a fence or gate), the trespasser was not substantially interfering with the owner’s use of the land, and the trespasser left when asked, they would not be in trouble. However, if the trespasser went on the property even when asked not to or ignored a no trespassing sign, they would be prosecuted. This also applies to fenced-in property.
The landowner is able to issue consent to people in order to allow them on their land. There are two types of consent, expressed and implied. Expressed consent is when the indicates either verbally or in writing that the other is able to go on their land. It must include a start date and end date, as most landowners only give permission for people to enter their land for a limited period of time or for one specific purpose. Implied consent is when the landowner’s permission is assumed according to their conduct, custom, or the circumstances. One specific instance would be if they were unavailable to give consent and immediate action is needed in order to prevent serious injury or death.
In some cases, the landowner can be held liable for an injury a trespasser receives while on their property. Such cases would be if they willfully injured the person or kept up harmful conditions even while knowing that people frequently trespassed on their land. For example, if a homeowner were to set up a tripwire to prevent trespassers and someone were to get injured on it, the homeowner would be responsible.
If a homeowner is worried about the possibility of trespassers and wants to stay out of legal trouble, they can start by setting up “No Trespassing” or “Private Property” signs in a couple visible locations to ward people off. It warns the potential trespassers and makes it known that you do not give consent. Another way to protect your land is by installing cameras. However, laws are different everywhere and this too could cause a problem.