{"id":369178,"date":"2016-04-04T10:47:16","date_gmt":"2016-04-04T15:47:16","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/realestate\/land-use-laws\/trespassing.html"},"modified":"2024-08-19T11:52:12","modified_gmt":"2024-08-19T16:52:12","slug":"trespassing","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/realestate\/land-use-laws\/trespassing.html","title":{"rendered":"Trespassing Laws"},"content":{"rendered":"\n
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Trespassing Laws<\/h1>\n
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\n By Robert Rafii, Esq.<\/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 the legal term for entering another person’s land without permission or the legal right to be there.<\/p>\r\n

Depending on the circumstances and the law in place where the act happens, trespassing may be a:<\/p>\r\n

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  1. Crime (such as a misdemeanor<\/a>)<\/li>\r\n
  2. A civil wrong (called a tort<\/a>) or<\/li>\r\n
  3. Both<\/li>\r\n<\/ol>\r\n

    For example, a trespasser who steals personal property from a homeowner may be guilty of burglary. Or, if a trespasser breaks something on the homeowner’s real property, the homeowner may sue the trespasser under tort law. This would allow them to recover their actual damages in court. Curiously, though, trespassers sometimes file injury claims against property owners.<\/p>\r\n

    Trespassing Basics: Unauthorized Entry<\/h2>\r\n

    As mentioned, trespassing can be a criminal or civil wrong. Police, park rangers, and other peace officers enforce criminal trespass laws. Law enforcement agencies can threaten jail time, and a criminal defense attorney may need to get involved. Under state law, property owners may file civil trespass claims. The property owner can assert a tort of trespass against those who enter their property without permission or right-of-way.<\/p>\r\n

    But there must be some intent for civil and criminal trespassing. Under common law<\/a>, accidentally traversing someone else’s property typically does not rise to trespassing. That’s because there was no intent to trespass. There also may be cases where an "implied consent" exists, such as:<\/p>\r\n