Trespass

For other uses, see Trespass (disambiguation).

for the 1992 film starring Ray Liotta and Kurt Russell see Unlawful Entry (film)

A sign warning against trespassing

In law, trespass can be:

1. the criminal act of going into somebody else's land or property without permission of the owner or lessee;
2. it is also a civil law tort that may be a valid cause of action to seek judicial relief and possibly damages through a lawsuit - see trespass to land.

In some jurisdictions trespassing is an offense or misdemeanor covered by a criminal code. In other jurisdictions, it is not considered a crime or penal in nature, property is protected from trespass under civil law and privacy acts. In England and Wales, despite the prevalence of notices asserting that "trespassers will be prosecuted", unless the trespass is aggravated in some way, it will only be a civil wrong.

Although criminal and civil trespass laws vary from each jurisdiction, most have the following facets in common:

• Property owners and their agents (for example, security guards) may only use reasonable force to protect their property. For example, setting booby traps on a property to hurt trespassers or shooting at trespassers are usually strictly forbidden except in extreme circumstances. A notable exception is the U.S. state of Texas, where it is legal to use deadly force against trespassers after dark (Penal Code § 9.42).
• Not all persons seeking access to property are trespassers. The law recognizes the rights of persons given express permission to be on the property ("licensees") and persons who have a legal right to be on the property ("invitees") not to be treated as trespassers. For example, a meter reader on the property to read the meter is an invitee, as would be a door-to-door salesman or missionary (a Jehovah's Witness or Mormon for example), or a police officer seeking to execute a warrant.
• Most jurisdictions do not allow "self-help" to remove trespassers. The usual procedure is to ask the trespassing person to leave, then to call law enforcement officials if they do not. As long as the trespasser is not posing an immediate threat, they cannot be removed by force. It is usually illegal to arrest a trespasser and hold them on the property until law enforcement arrives as this defeats the purpose of allowing them to cure the trespass by leaving. A large exception to this rule are railroads, who employ their own police forces to enforce state trespassing laws. Railroad police have the ability to independently arrest and prosecute trespassers without the approval or assistance of local law enforcement.
• Marking property as private property can be done in a variety of ways. The most obvious way is to put up a sign saying "No Trespassing" or "Private Property". However, a continuous fence has the same effect in most places. Many jurisdictions allow the use of markers when fencing would be impractical or expensive. For example, Ontario, Canada allows the use of red paint on landmarks such as trees to mark the boundaries of private property.
• Property owners may allow some trespasses while excluding others. For example a sign saying just "No Hunting" could conceivably allow hiking, snowmobiling, or bird-watching, but would give notice to hunters that they would be trespassing if they entered onto the property.
• Trespass is not limited to human beings. For example, the owner of cattle or dogs may be responsible for an animal's trespass in some jurisdictions.

Other legal uses

• Assault and battery are trespasses to the person and actionable in tort as such.
• The unlawful interference with the goods of another is a trespass against his goods, and actionable in tort, usually as conversion or detinue.
• Actions for breach of contract was developed by the common law courts out of trespass and came to be called trespass upon the case.

Wider uses

The term 'trespass' is also used for a transgression in general, also in the traditional version of the Lord's Prayer. Trespass is in fact a shorter English version of the Latin Transgressio.

Prevention

There are many methods land owners use to prevent trespassing, usually depending on the terrain, risk, importance (personal, cultural or economic) and size of the property.

Some of the most common are also the most basic - barbed wire, warning signs and fencing.

The front entrance of Whitwell Station, Reepham, UK, displaying some of the anti-trespassing techniques deployed.

See also

• Countryside and Rights of Way Act 2000 (UK)
• Forced entry
• Right of public access to the wilderness (Nordic countries and Scotland)
• Right-of-way

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