What Can You Do If Someone Trespasses On Your Property?

Key Takeaways

• You have the right to remove trespassers from your property, but it must be done legally. Always start by asking them to leave and involving law enforcement if necessary.
• Prioritize safety: If you feel threatened or the trespasser is dangerous, call the police immediately. Only use reasonable, proportionate force in self-defense – excessive force can land you in legal trouble.
• Give clear notice that the person is trespassing. Calmly tell them to leave, post “No Trespassing” signs, and document the incident (photos or notes). Proper signage can help prove the trespasser knew they were unwelcome.‍
• If an intruder refuses to leave, you may need to pursue legal action (such as a formal eviction for squatters). Consult a property attorney to guide you through the process and ensure you don’t violate any laws or rights.

Dealing with trespassers can be stressful and potentially dangerous, especially if it involves unauthorized individuals near your home or business. Understanding your legal rights as a landowner and following the proper steps is essential to protect yourself, your family, and your property.

This article explains what qualifies as criminal trespassing, outlines possible civil actions, and highlights when to seek legal assistance to avoid liability or escalation.

What Is Trespassing?

Trespassing is entering someone’s land or property without permission. In legal terms, it means knowingly stepping onto or staying on property you don’t have a right to be on. This can include scenarios like sneaking into a fenced yard or remaining on a business’s premises after being asked to leave. Even a guest can become a trespasser if they refuse to leave when their welcome is over.

Trespassing can be addressed in two ways: civil and criminal

• Civil trespass is a tort – the property owner can sue for damages or an injunction (to make the person stay off the property). 
• Criminal trespass is a crime – the state can press charges, leading to fines or jail for the offender.

Whether an incident is civil, criminal, or both depends on the situation and local laws. For example, accidentally wandering onto private land might not result in charges if you leave when asked (since intent to trespass is required). However, knowingly ignoring “No Trespassing” signs or refusing to leave is more likely to be treated as a criminal offense.

You may have heard of adverse possession, often called squatters’ rights. This is a legal concept where someone occupying land openly and continuously for a long period might gain a legal claim to it. In other words, a squatter is a trespasser who stays so long (and meets specific legal criteria) that they could eventually become the lawful owner.

This usually requires many years of uninterrupted occupation under state law, and it’s rare, but it underscores why landowners must not ignore trespassers. For instance, if an empty property is taken over by squatters, you can’t just call the police to arrest them immediately – you often have to go through a formal eviction process because they have established residence and thus some legal protections.

Identifying a Trespasser

Trespassing occurs when an individual enters another person’s land or building without someone’s permission or stays after being told to leave. Even guests can become trespassers once they overstay their welcome or ignore the landowner’s request to vacate.

As a property owner, maintaining clear land borders, visible “No Trespassing signs”, and proper fencing can help prove possession and strengthen your case should a dispute or civil action arise. Taking these proactive measures helps you stay protected and reduces the risk of being held liable for accidents or injuries that occur on your property.

Steps for Removing Trespassers From Your Property

Know Your Rights

As a property owner, you have certain rights and lawful protections regarding trespassing incidents.

You should consult with a reputable law firm or lawyer who specializes in property and laws when people trespass. They can provide guidance on the specific regulations in your area, advise you on the best course of action, and represent you in legal proceedings if necessary.

Determine the Intent and Address the Immediate Danger

Evaluate the situation and determine if the trespasser poses an immediate threat to the safety of yourself, your family, or your property. Suppose you believe there is an immediate danger or risk of harm. In that case, contacting law enforcement or emergency services may be necessary to ensure your safety. Remember that personal safety should always be the priority.

Communicate and Issue a Notice

In most cases, it's important to communicate with the trespasser and make it clear that their presence on your property is unwelcome. This can be done by speaking to them directly, sending a written notice, or posting signs indicating private property and restricted access. Clearly state that they cannot remain on your land and emphasize the consequences.

Understand the Eviction Process

If the trespasser refuses to leave or continues to trespass despite the notice, you may need to pursue eviction.

Consult with your attorney to understand the specific requirements and restrictions related to eviction in your jurisdiction. They can guide you through the necessary steps, such as filing the appropriate forms, gathering evidence, and representing your interests in court.

Understand Laws Regarding Self-Defense

While protecting your property is essential, using deadly force to remove trespassers is generally restricted by law. You should familiarize yourself with the law regarding self-defense and the level of force that's considered justifiable.

In situations involving immediate harm or deadly force, contact law enforcement rather than attempting to handle it yourself.

Consult with a Law Firm

A law firm with experience in property law has in-depth knowledge of trespassing legal frameworks, regulations, and procedures. They can offer you accurate advice tailored to your specific situation.

The attorney can help you understand your rights as a property owner and the legal options available to address trespassing. They can assess the circumstances, explain the relevant laws, and inform you of the possible courses of action.

If you decide that legal action is necessary, the attorney can guide you through the eviction process. They can assist in drafting when you need to file necessary documents, such as complaints or lawsuits, and ensure proper service of notices to the trespassers.

A lawyer will provide skilled advocacy and representation if your case proceeds to court. Your attorney can present your case effectively, cross-examine witnesses, and argue for your rights and interests in the legal proceedings.

For quick reference, here is a summary of how to handle different trespassing situations:

Bottom Line

Removing trespassers from your property requires a careful approach that balances your rights as a property owner with legal obligations and considerations of personal safety.

Seeking assistance from a qualified attorney or law firm is strongly advised to navigate the complex legal landscape and ensure your rights are protected.

You can effectively address trespassing incidents and safeguard your property by understanding the process and following appropriate steps.