Trespass?

[jmorris]

I'm in the middle of a discussion on a newsgroup and my research has not turned up anything yet that provides a definite answer so I thought I turn to the accumulated knowledge and wisdom (cough, cough) found here.

Let's say you have a house on an unfenced acre of property in a neighborhood. Behind your house is a Wally-world. The shortest route to that wally-world for much of that neighborhood is across your property. There are no "No Trespassing" signs (not even any purple stripes). In this scenario, in Texas, does someone cutting across your property constitute trespass for which the authorities can be called? Can you tell me what statute covers this?

Far as I can tell from researching the statutes, without prior warning, signs or verbal, simple trespass is not an actionable offense. If I go out and tell them to leave and they don't, or do it again, it's criminal trespass and I can call the cops. If I see them from my window and call the cops, they can tell them to get off the lawn but can't arrest them this time (as long as they weren't doing something else that makes it actionable).

Now I know this will engender some "I don't care what the law is I'm [insert choice of action]" thoughts/comments but that won't help me in my ..er.. discussion on the newsgroup.

Thanks

[Kythas]

If the only accessible route to the Wally World is through your property, there would legally be an easement appurtenant which would give others access to the other property over yours. However, if your property is simply the shortest route, and a different route exists, this easement would not be in effect.

An easement by necessity would be created if the Wally World and your property used to belong to the same parcel of land and, as of the severing of the one parcel into separate parcels, access to the Wally World is only gained by access to your property. If both those conditions are not true, then this easement does not exist.

In short, if the only access to Wally World is through your property, a legal easement likely exists. If there is another access to Wally World other than across your property, it doesn't and they are trespassing.

Be sure to post No Trespassing signs, as there is another legal easement called Easement by Prescription. This states that if a party uses your property for a period of time, and this use is visible, open, and notorious, without your permission, and with no attempts by you to stop the use, an Easement of Prescription then legally exists. In Texas this use must be for a period of 10 years.

[seamusTX]

Far as I can tell from researching the statutes, without prior warning, signs or verbal, simple trespass is not an actionable offense. If I go out and tell them to leave and they don't, or do it again, it's criminal trespass and I can call the cops. If I see them from my window and call the cops, they can tell them to get off the lawn but can't arrest them this time (as long as they weren't doing something else that makes it actionable).

You are correct. For the police to arrest for criminal trespass, you must have given oral notification, posted signs, or erected a fence. The relevant law is Penal Code 30.05.

(Purple stripes and agricultural crop as irrelevant to residential property.)

A police officer told me that the DA's office here (Galveston County) will not prosecute for criminal trespass even with a fence, unless signs are posted.

Other states and countries have different laws. In some places, you cannot block public access if it has been available for some time (typically decades).

- Jim

[aardwolf]

(Purple stripes and agricultural crop as irrelevant to residential property.)

That's not what the penal code says. The purple paint is "notice" and if you look at (e) you'll see agricultural land doesn't require notice.

A police officer told me that the DA's office here (Galveston County) will not prosecute for criminal trespass even with a fence, unless signs are posted.

Is that only for residential property or does it apply if someone jumps a fence around a critical infrastructure facility?

[seamusTX]

The purple paint is "notice" and if you look at (e) you'll see agricultural land doesn't require notice.

I know that, but few if any homeowners in town use the purple stripes or grow crops in their yard (aside from gardens). The police also may not consider the stripes reasonable notice in town, as that part of the law is not widely known.

Is that only for residential property or does it apply if someone jumps a fence around a critical infrastructure facility?

The police officer was talking to me about my yard after we had a break-in.

They take trespassing on oil refineries and port property very seriously.

- Jim