How to Handle Trespassing as a Property Owner

As a property owner, trespassers are at best an inconvenience, and at worst a threat to your home and safety. While every homeowner hopes to avoid trespassers, it’s still critical to understand the legal steps for what to do if someone is trespassing on your property so you can take proper action against them and keep your home safe going forward.

In this article, we’ll cover quick facts about trespassing, who is considered to be a trespasser, and what you can do if someone trespasses on your property. This will help you to stay legally compliant in a trespassing situation while protecting your property and family.

The Basics of Trespassing

Let’s start off with the basics: What is trespassing?

Trespass to land, or trespassing, refers to an individual knowingly entering or remaining on another individual’s property without the legal right to do so or without permission from the homeowner. There are several different instances in which someone may be considered a trespasser on your property (more on that later), and depending on the situation and your state’s laws, you may pursue a criminal trespass case, sue under civil tort law, or both.

For instance, civil tort law could potentially be used if someone enters your home and damages your personal items, if a neighbor continually uses your property as a shortcut to another location, or even if a guest that has been asked to leave refuses.

Alternatively, if someone were to trespass on your property and steal personal items of yours such as a TV, vehicle, or jewelry, or if they entered your property to vandalize it with spray paint, it would likely be considered criminal trespassing.

Who is Considered a Trespasser?

As mentioned above, there are many instances in which someone could be considered a trespasser on your property, but trespassers aren’t just strangers entering your yard, garage, or home—they can include people you know, too. Here are a few examples of people who could be considered trespassers:

1. Tenants whose leases have recently expired but haven’t moved out
2. Guests ignoring your requests to leave the property
3. Neighbors using your property as a shortcut

In many states, trespassing is considered a criminal offense that carries legal consequences, and the trespasser may carry civil liability for any damages caused by the act of trespassing.

Those found guilty of trespassing may be fined, given community service requirements, or even imprisoned, depending on the severity of the crime. These laws vary from state to state and locality to locality, so be sure to research your area’s legislation (or reach out to a local attorney) for further details.

A Step-by-Step Guide to Removing a Trespasser

Obviously, your first instinct when encountering a trespasser on your property is to ensure that they leave as quickly as possible, but following trespassing laws in your area and properly reporting the crime to law enforcement is paramount when handling a trespassing situation. Here are the steps you need to know for how to remove someone from your property:

Know Your Rights and Local Laws

Owning a property comes with certain rights and protections from trespassing incidents. Before trespassing ever takes place on your property, you should brush up on local laws and rights you may be granted, as well as rights you don’t have.

For instance, homeowners have a right to defend themselves and their property (usually called the Castle Doctrine), but state and local self defense laws specify the amount of force you’re generally allowed to use in a situation. Someone simply entering your property doesn’t mean you have the right to use deadly force or physically remove them from the property yourself.

Handle Immediate Threats or Danger

If someone does enter your property, you should assess the threat level and handle any immediate danger. If the trespasser is armed, aggressive, or otherwise posing a risk of harm, be sure to contact emergency services or local law enforcement immediately to help remove the trespasser from your property safely and reduce the risk of theft. However, remember to always prioritize your personal safety in situations like these!

Provide Notice for Trespasser to Leave

It’s important to communicate to trespassers that their presence is not welcome to come onto your property. This can be done in several ways, like putting up No Trespassing signs around the property, sending written notice, or even verbally informing a trespasser that they are not welcome and need to leave immediately.

If you encounter a trespasser directly, you may offer them a chance to leave voluntarily before further action is taken. This can help to deescalate the situation and mitigate the need for law enforcement or other parties to get involved.

Contact Local Law Enforcement

If you’ve requested that a trespasser leaves your property and they refuse, it’s time to follow through with contacting local law enforcement who can physically remove them from your home. A police officer will be able to remove the trespasser as well as any belongings, and may issue a citation or even arrest them depending on the situation.

Be prepared with any evidence you have of the trespasser entering your property or otherwise damaging it, as this will help the police officers to make a report of your trespassing complaint (which you can reference in court if the trespassing continues repeatedly after the first incident and you feel the need to take legal action).

Consult with a Local Law Firm

The best thing you can do if you believe someone is trespassing on your property is contact a local law firm with experience in property laws, as they will be able to explain your area’s trespassing laws as well as give you advice on your specific situation, helping you move through the process with ease and clarity.

A lawyer will also be able to help you in court, should the case proceed to that point. They can help represent your case, file legal paperwork, and argue for your interests and rights as a homeowner.

Conclusion

Handling a trespasser requires keeping your composure and reacting in a way that honors your legal obligations as well as your obligations as a homeowner. With your new understanding of all the ins and outs of trespassing, you’ll be prepared to handle trespassers and remove them from your property—but don’t shy away from seeking legal counsel to aid you in this process, as they can play a key role in ensuring your legal compliance as you take action to protect your property.