What is trespassing (legally)?

I was told this by a law enforcement officer about my ex wife.
We have no tresspassing signs around our property.
Anyone can walk onto our property and trespass 1 time. Then they must be notified call the police and explain to them with the police sheriff whoever that they are no longer allowed on the property that no trespassing signs have been posted and that they are not allowed back on to the property.
According to the cop they get 1 free pass and then if they do it again they can be locked up once warned. How true this is I do not know. My ex hasnt pushed the issue to try and come back on my property to find out.

Evidence would seem to suggest that trespassers are responsible people (at least from the viewpoint of the landowner).

There are only three classes of people to whom a landowner owes a duty:

Service people - they are only reponsible for their own injuries if they have previously been informed of a defect that could cause the injury.

Invited guests - they are not responsible at all, anything likely to cause an injury must be repaired, or lawsuits might result.

Trespassers - can injure themselves to any extent without any risk to the landowner. They are the only classification that are fully responsible for their own acts.

Rather than turning away trespassers I believe I would prefer to see everyone visiting placed in this class.

Another point, adverse possession of property can be rewarded by legal recognition of that possession. The key is that possession must be in the open and ADVERSE. It is not adverse if you (the landowner) agree to the possession. Of course, you might as well get PAID for your agreement!

Cops dont know dung..ask any lawyer
Lawyers Dont know dung.....ask any Cop.

Whats A guy to do?

I'd rather not know whether or not I'm allowed to shoot them....it might affect my aim

around here the thing is. In the country thieves have been using this tactic. they drive up long drives and knock on your door, if you do not answer the door they take anthing they can quickly and leave. If you do they just ask if you are interested in windows and siding. we were without electricity for 11 days and they even unhooked a generator that was running and stole it. So I do not like visitors that I do not invite. Thanks Mike

We live in Texas and are in the middle of pressing criminal trespassing charges against against the son of the couple we bought our house from. Here is what happened:

I was sleeping at home with my 4 children, when I was awakened at 2:00 am by someone banging on my back door. First, I thought it was a dream. Then I thought it was an animal. I couldn't believe that there was really a drugged up kid trying to get into my house!

I took the potable phone with me to the glass back door, and said," Go away, I'm calling the police." He kept yelling, and telling me to let him in. Then he told me his name, which was convenient, because I would not of known who he was otherwise. When I started dialing 911, he cussed me out, threw a bottle of lighter fluid at the door, and took off.

The police found him staggering around on the road, on the way to my house. I signed a statement, and told the patrolmen that I wanted to press charges. Instead, they gave him a warning, and a ride to the hospital.

When my husband got back in town, he called the station to see when they were going to pick the kid up, and he was told that he was given a warning, so the case was closed. They said that since the patrolmen did not actually SEE the offense, they could not proceed with pressing charges.

One of my friends is a county judge, and she said that was a complete lie, so my husband called back up the station. The Sargent on duty tells my husband that my friend is a complete idiot, so why doesn't he give him her home phone number so he can teach her a thing or two about the law. To my horror, my husband gives out her number to call his bluff. The guy never called. I figure he just looked up her number and discovered we were telling the truth.

The next day, the paperwork to press charges was hand delivered to the DA's office. I went to meet with an investigator for the DA to sign another statement, and I was able to get a few questions answered. He said that it doesn't matter that we do not have No Trespassing signs. we have a gate across the driveway, and that was enough, even if it wasn't locked. He also said that the first time I said "go away" counted as his warning, so he was guilty of criminal trespassing under Texas law.

I'll let you all know what happens when we actually go to court.

Genevieve
you showed a whole lot more patience than I would have... I've got little glass windows on my door... when he reached for his lighter.......... well... I would have called the sheriff and asked if he wanted to pick up the pieces, or should I let the chickens clean it up in the morning.

__________________
Luck is what happens when preparation meets opportunity. Seneca
Learning is not compulsory... neither is survival. W. Edwards Deming

LOL So now we see the key to justice.

We dont all have friends who are judges so most of us dont get justice.




Besides that it sounds like a kid got high and wanted to go home and you guys sent him walking on the streets in that condition Couldnt you have called his folks to come get him?

[QUOTE=palani]Massachusetts has a recreational use clause which indemnifies the landowner from injuries, however Palani brings a good point about illegal activity.

"(a) Any person having an interest in land including the structures, buildings, and equipment attached to the land, including without limitation, wetlands, rivers, streams, ponds, lakes, and other bodies of water, who lawfully permits the public to use such land for recreational, conservation, scientific, educational, environmental, ecological, research, religious, or charitable purposes without imposing a charge or fee there for, or who leases such land for said purposes to the commonwealth or any political subdivision thereof or to any nonprofit corporation, trust or association, shall not be liable for personal injuries or property damage sustained by such members of the public, including without limitation a minor, while on said land in the absence of willful, wanton, or reckless conduct by such person. Such permission shall not confer upon any member of the public using said land, including without limitation a minor, the status of an invitee or licensee to whom any duty would be owed by said person."