Fill and Sign the Trespass to Land Legal Definition of Trespass to Land Form

© 2016 - U.S. Legal Forms, Inc USLegal Pamphlet on No Trespass INTRODUCTION Trespass is entering another person's property without permission of the owner or legal authority. In order to recover damages for trespass, some damage, no matter how slight, must be caused. If the trespass is with an illegal intent, it is a crime. Trespass may also be a civil wrong (tort), such as interfering with an owner or tenant's use of the property by dumping waste or removing trees on the property. Trespass to land is also unauthorized subsurface entry (e.g., horizontal drilling) and in the air (e.g., stringing telephone wires), although air rights are still very much in controversy. Golf balls landing in another's swimming pool have been found to constitute a trespass. In addition to damages, a court may grant an injunction prohibiting any further continuing, repeated or permanent trespass. Property owners can issue verbal or written warnings to trespassers, forbidding these intruders from entering their property without permission. A written trespass warning detailing the violation and repercussions or a posted sign is more effective than a verbal warning. C RIMINAL TRESPASS A person is guilty of criminal trespass if he knowingly enters or remains unlawfully in a dwelling or premises, or if he knowingly enters or remains unlawfully in a building or upon real property which is fenced or enclosed in a manner designed to exclude intruders. A person commits criminal trespass who, knowing he does not have the owner’s effective consent to do so, enters or remains on property, or a portion thereof. Laws vary by state, so local laws must be consulted to determine applicable requirements. It is a defense to the crime to show that an element of the crime, such as knowingly entering or remaining without authorization, is lacking. An attempted criminal trespass requires that a defendant act with the intent to commit criminal trespass, and his conduct must constitute a substantial step toward committing the criminal trespass. Criminal trespass involves a breach of the peace. The following is an example of a state statute defining "remain unlawfully": A person "enters or remains unlawfully" in or upon premises when he is not licensed, invited or privileged to do so. A person who, regardless of his intent, enters or remains in or upon premises which are at the time open to the public does so with license and privilege unless he defies a lawful order not to enter or remain, personally communicated to him by the owner of such premises or other authorized person. A license or privilege to enter or remain in a building which is partly open to the public is not a license or privilege to enter or remain in that part of the building which is not open to the public. A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privileges unless notice against trespass is personally communicated to him by the owner of such land or other authorized person, or unless such notice is given by posting in a conspicuous manner." PUBLIC HOUSING In some public housing developments, the housing authority keeps a list of "banned" visitors. It has also become common for housing authorities to issue "no trespass" or "stay away" notices to non-tenants. The housing authority then shares these notices with local police. Sometimes the police may arrest someone for being on the property. A tenant's invitation is a defense to the crime of trespass. You may ask your manager to see the housing authority's trespass policy. If you live in federal public housing, that policy and your lease must include language that provides for the "reasonable accommodation" of guests. This means that guest policies must be reasonable. Housing authorities are allowed to interfere with a tenant's right to have guests only when the guest is a threat to the property or other residents on the property. If you have invited someone to your apartment and the housing authority does not want him on the property, the housing authority typically must go to court and get an order called an injunction from a judge to stop that visitor from coming back to the property. To get an injunction, the housing authority must prove that the visitor is a threat to the community. You also have a chance to tell the court why it is important for the person to be allowed to visit. For example, the person is the parent of your children and is babysitting. If the court grants the order, the police can arrest that person for trespassing. Unlike an informal trespass notice from a housing authority, a guest who violates a court injunction can be arrested for trespassing even if you invited them to visit. P REVENTING TRESPASSING A landowner may take measures such as a warning letter or posted sign to prevent trespassing on his or her property. If writing a letter, it should be written by someone with authority over the property and include the date, name of the offender, and the address of the premises involved. The letter should state for how long the offender must stay away, that the police will be called if the person enters the property, and be delivered by certified mail. Sign posting laws vary by area, so local statutes and ordinances should be consulted. Some posting laws require specific sign sizes and colors, while others merely require that signs be obvious and readable. Laws regarding posting usually require no- trespassing signs to be erected along the boundaries of the property at specified distances. Many states require persons who are posting their lands to register or record that posting with their town clerk or land records office annually.