Did you know that occupying on private land protected by Property rights is considered a trespass? The law will find you guilty and can send you away for a couple of months or pay some hefty fee you’ll probably regret. So to avoid such a debacle, here are some facts about property rights and trespassing you should know about:
What Constitutes a Trespass?
If you physically cross the boundary into someone else’s property, that’s a trespass. Property intrusion will either be on the land itself, above the surface or below the surface as well. So if you dig your way past someone’s property boundary or fly a plan or drone above the ground, you have already trespassed.
Intentional or Unintentional?
Intentional trespassing is when a person willingly crosses the boundary to someone’s property. It doesn’t matter whether the individual didn’t have the intention or clue they are trespassing; such an act warrants the property owner to seek action against the intruder. On the other hand, there is unintentional trespassing, which is when the intruder accidentally enters the property when it wasn’t their intention to. Such an act will be considered malicious only if it causes any harm to the property owner or anything confined within the said property.
Entering without Permission
The property owner may license an individual to enter the land when they please. However, the land owner has the right to revoke that license/permission after which it will be considered a trespass if the individual continues to occupy the land. Where the land owner does not withdraw the license, a trespass will be recorded when the individual stays in the land after expiry of their license. If the individual exceeds the agreement stated on the license, it is considered a trespass as well.
Entering without Privilege
This is a law that grants an individual, say the police, right to enter the property without the owner’s consent. This is usually to curb a nuisance or perceived harm within the property to retrieve someone else’s property on the land or to perform any duty mandated by the law.
This is generally the scope that entails Property Rights and Trespassing. Follow us at The Judge’s Chamber: Law Blog for more tips on legal rights.