{"id":369177,"date":"2016-04-04T10:47:16","date_gmt":"2016-04-04T15:47:16","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/realestate\/land-use-laws\/trespassing-basics.html"},"modified":"2024-06-21T00:28:36","modified_gmt":"2024-06-21T05:28:36","slug":"trespassing-basics","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/realestate\/land-use-laws\/trespassing-basics.html","title":{"rendered":"Trespassing Basics"},"content":{"rendered":"\n
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Trespassing Basics<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Robert Rafii, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Trespassing is a legal term that can refer to various offenses against a person or property. Trespassing, as it relates to real estate law<\/a>, means entering real property without the consent of the landowner. There are both criminal<\/a> and civil trespass laws. Police, sheriffs, or park rangers enforce criminal trespass laws. Civil trespass allows private landowners to enforce their property rights by proving civil liability against trespassers.<\/p>\r\n

Civil trespass requires that the property owner initiate a private enforcement action for trespass to land in court. The landowner can enforce their legal rights through tort law<\/a>, or law that addresses wrongful civil acts. Suing for the tort of trespass allows them to collect any damages for which the trespasser may be responsible (regardless of whether a crime has been committed).<\/p>\r\n

Intent and Knowledge Requirements<\/b><\/h2>\r\n

Traditionally under common law<\/a>, for criminal or civil trespass, some level of intent<\/a> is required. The trespasser must not simply accidentally cross another’s land but must knowingly go onto the property without permission. Knowledge may be inferred when the owner tells the trespasser not to go on the land, when the land is fenced, or when a "no trespassing" sign is posted.<\/p>\r\n

A trespasser would probably not be prosecuted if:<\/p>\r\n