If someone goes onto another person’s property without authority or permission, they are said to be a trespasser. In most jurisdictions, trespassing is a crime, and it may also carry civil liability that can leave a landowner entitled to monetary damages. A trespasser can be anyone who has overstayed their welcome, or someone who has been ordered to leave after being invited.
If a Person Did Not Intend to Be on the Premises, Is it Trespassing?
The crime of trespassing requires a person’s intent. Entering another person’s property of one’s own free will is considered trespassing, but entry due to an accident is not. A property law attorney in Chico, CA will advise clients as to what constitutes a trespassing offense.
Does a Person Have to be on the Premises to Trespass?
Not in all cases. Trespassing has no requirement that the person’s body be on the premises. Throwing objects can satisfy the requirement, as the actor is still doing something against another person’s property without the owner’s permission. Non-physical things, such as sound or smoke, are regarded as nuisances instead of trespasses.
What Actions Can Property Owners Take to Eject a Trespasser?
If a property owner discovers a trespasser, they should ask the person to leave. If that action fails, the property owner should call law enforcement. Landowners are not permitted to use force to remove a trespasser, and they cannot detain the person while waiting for law enforcement officers to arrive.
If a Trespasser Has Been on the Premises for a Long Period
If a trespasser has been on a person’s property for a long time, they may be treated as a non-paying tenant under the law. The time period varies by jurisdiction, but in these cases, a trespass order isn’t enough to remove the person. The trespasser may be forced out via the eviction process; and a quit notice must be given. If the trespasser doesn’t leave within the allotted time, the court will issue an eviction order that’s enforceable by police.
If a person is accused of a trespassing offense, or if they have had issues with trespassers, they should hire a property law attorney in Chico, CA to learn about their legal rights and possible defenses. Lawyers with the Law Office of Raoul J. LeClerc will provide legal representation and case-specific advice to trespassers and property owners alike.
