Civil Trespassing

Civil Trespassing

Civil trespassing refers to the act of entering or remaining on someone else's property without permission, which can lead to a private legal claim rather than a criminal charge. This type of trespass typically involves situations where the trespasser may not have intended to cause harm or may have entered the property accidentally. Here are some key points about civil trespassing:

Definition and Examples

• Definition: Civil trespass occurs when someone intentionally or unintentionally enters or remains on private property without the owner's consent, interfering with the owner's right to exclusive use of the property.
• Examples: This can include walking across someone's land as a shortcut, a neighbor building a fence that crosses into your property, or a company working on your land without permission.

Legal Remedies

• Lawsuits: Civil trespass cases are usually resolved through lawsuits in superior or small claims court.
• Damages or Injunctive Relief: Property owners can seek damages if they suffered financial loss or injunctive relief to stop the trespass or remove structures.

Distinction from Criminal Trespass

• Intent and Knowledge: Criminal trespass typically requires proof that the person knew they were not allowed to be on the property, often indicated by posted signs or verbal warnings.
• Severity of Offense: Criminal trespass is generally considered more severe and can result in criminal charges, whereas civil trespass is a private legal matter.

Defenses

• Lack of Intent: In civil trespass cases, a defense might be that the entry was accidental or without harmful intent.
• Exceptions: Certain exceptions exist, such as easements for utility workers or emergency responders, which allow them to enter private property for legitimate purposes.