Criminal trespass is related to burglary but is generally considered to be a less serious crime. It’s often a misdemeanor or an infraction. In many states, though, it can even be a felony. Generally, criminal laws provide stiffer penalties for illegally entering a residence than for other types of trespass.

Overview. The primary aims of tort law are to provide relief to injured parties for harms caused by others, to impose liability on parties responsible for the harm, and to deter others from committing harmful acts.

Criminals may enter private property to intentionally harvest timber they don’t own, set up marijuana farms or meth labs, or conduct other illegal activities. Whatever the reason for doing what they do, trespassers create a dangerous situation and can leave costly damage in their wake.

Both civil and criminal trespass involve entering an owner’s land or accessing the owner’s property without permission. Criminal trespass involves entering or remaining in a place knowing one is there without a license or privilege. Trespass involves simply entering onto land without the consent of the landowner.

The police can also remove property or vehicles from the trespassers. The police must be satisfied that the occupier has taken reasonable steps to ask the trespassers to leave; usually a verbal request followed by a written request should be sufficient.

Section 5 of the Trespass Act 1980 says that a trespass notice “shall be given to the individual person concerned either orally, or by notice in writing delivered to him or sent to him by post in a registered letter at his usual place of abode in New Zealand”.

In most jurisdictions, a landowner must first tell the trespasser to leave or call the police if they fail to do so. “Self-help” methods such as physically removing the trespasser are usually illegal. Detaining a trespasser is frequently illegal as well even if the landowner is doing so only until police arrive.

And how do they enforce it? Businesses have a right to trespass anyone from their store for any reason, really. Each business has its own set of rules/policies to abide by. Often times, the trespass is a result of something like shoplifting or some kind of disorderly behavior.

Report to The Police The first line of action should be to report to the sheriffs or the police department if someone trespasses on your property. You will need to identify the person and describe the trespasser to law enforcement.

General Rule: Property Owners Are Not Responsible for Trespasser Injuries. But in any personal injury lawsuit by a trespasser against a property owner, the court will essentially say, “Property owners are not usually liable for injuries to trespassers, so prove why your case is different.”

How to Discourage Trespassing

1. Know your land. Take time to roam through and inspect your property.
2. Mark your land. Paint your boundary lines or trees frequently enough that the paint is always visible.
3. Control access to your land.
4. Meet your neighbors.
5. Don’t be afraid to ask for help.

Tenants (people who pay rent under a formal or informal lease agreement) are entitled to certain legal protections. However, a police officer has no way of knowing whether your guest is a trespasser or a tenant and may refuse to remove the person, on the chance that you are trying to avoid the eviction process.

Legally Removing People. Send a certified letter asking them to leave in 30 days or less. While a house guest is not technically a tenant, certain tenant-landlord laws still apply to the relationship if they’ve been with your for more than 30 days. Talk to an attorney who will help you draft and send an eviction notice …

If you use force to remove someone, you will at a minimum be committing a low-level crime, because the law does not recognize a right or privilege to use force on another person except in self-defense. If your building or employer has actual security personnel, call them—let them remove the offending person.