Trespassing Laws for California

[dantodd]

And what happens when you abandon your property in the middle of my neighborhood? Do I just leave your rotting corpse of a home and lot as-is so that it destroys the neighborhood or do I rehabilitate it and maintain it? If I do the latter do I not deserve some compensation?

[a1c]

First off, whether I visit my property once a week or once a decade, if I find you on it, you will be removed.

Secondly, the fact that anyone would knowingly tresspass on anothers property, posted or not, shows the level of integrity of that individual. You are a criminal, a thief and a lowlife.

Tresspassers deserve to be arrested on sight, armed tresspassers should be considered a threat and handled as such.

Depends on what you mean by "trespassing." I go through a neighbor's piece of land several times a week to reach a piece of land where I hunt. It's not fenced, it's got no "No trespassing" signs, and it has a well-travelled path going through it. That's not trespassing. I know I'm going through someone else's property, but what I am doing is just following common easement laws, not trespassing.

[CavTrooper]

I LEGALY tresspass all the time at work. My proffession (Land Surveyor) requires it and the law requires that any owner or tenant grants me access without undo delay. So, while I agree with your emotional response, the facts are that I and many other "tresspassers" am not criminals but, instead we have the legal right to enter your property as needed to conduct our work and you have the legal responsibility to grant me access. If you attept to stop me from doing my job, you can and will be arrested. If you use phyiscal violence while trying to stop me, I will defend myself with whatever means I have at my disposal. Yes, I have had to have land owners physically restrained and almost taken into custody by the local LEOs while I tresspassed on their land. I have heard of LEOs taking people into custody and telling the surveyor to "hurry up because, we can only hold him for X hours" too. So, be careful how you handle tresspassers. Yea, I always attempt to get prior permission when feasable and use these laws as a last resort. I really hate intruding on others but, the job has to be done.

Im sure you are required to inform the land owner of your presence before conducting your business, if nothing, at least for your own saftey. What you are describing is not tresspassing the way I think of it, you are required and allowed to be there.

[CavTrooper]

And what happens when you abandon your property in the middle of my neighborhood? Do I just leave your rotting corpse of a home and lot as-is so that it destroys the neighborhood or do I rehabilitate it and maintain it? If I do the latter do I not deserve some compensation?

There are legal channels that must be pursued before you take it upon yourself to vandalize my property. Without my permission or some sort of legal order, you should be charged for tresspassing and billed for the vandalism.

[CavTrooper]

Depends on what you mean by "trespassing." I go through a neighbor's piece of land several times a week to reach a piece of land where I hunt. It's not fenced, it's got no "No trespassing" signs, and it has a well-travelled path going through it. That's not trespassing. I know I'm going through someone else's property, but what I am doing is just following common easement laws, not trespassing.

What you are doing is tresspassing.

[odysseus]

Depends on what you mean by "trespassing." I go through a neighbor's piece of land several times a week to reach a piece of land where I hunt. It's not fenced, it's got no "No trespassing" signs, and it has a well-travelled path going through it. That's not trespassing. I know I'm going through someone else's property, but what I am doing is just following common easement laws, not trespassing.

Depending on a particular property's access being dependent on traversing another for example, easement is not a free "pass" to just go over other people's property to get to a place you want to. Though arguments can be made over paths which have been in common use for a long time, a property owner can just fence up an area of his and say take another way, and be good with it. Right now you are probably just running through on another's good will, unless of course it truly is an easement for access.

James Hetfield of Metallica just went through this, and though people fought him, he was legally right and able to do it. He did end up giving away some to quell the public issue and for good will being as wealthy as he is he could afford to do so. However he was legally right and legally positioned to close it off.

[CSACANNONEER]

Depends on what you mean by "trespassing." I go through a neighbor's piece of land several times a week to reach a piece of land where I hunt. It's not fenced, it's got no "No trespassing" signs, and it has a well-travelled path going through it. That's not trespassing. I know I'm going through someone else's property, but what I am doing is just following common easement laws, not trespassing.

No such thing. Either you have an easement or you don't. If you can prove to a judge that you've met certain requirements, you can be granted (not sure if that's the right word) an easement against the landowner's will. But, there is no law in Ca which automatically give you an "easement".

[CSACANNONEER]

Im sure you are required to inform the land owner of your presence before conducting your business, if nothing, at least for your own saftey. What you are describing is not tresspassing the way I think of it, you are required and allowed to be there.

We are not "required" to always give notice just, "when practical". I try not to "give notice" but instead, I try to ask "permission" first. You know the old adage about catching more flies with honey than vinegar, don't you? It usually works well for me.

[a1c]

What you are doing is tresspassing.

Nope. Land is unfenced and uncultivated. I'm not hunting there, I'm not discharging any firearm, and there are no "No trespassing" signs posted. I'm definitely not trespassing.

[odysseus]

Nope. Land is unfenced and uncultivated. I'm not hunting there, I'm not discharging any firearm, and there are no "No trespassing" signs posted. I'm definitely not trespassing.

Yes, but if the landowner comes out and tells you or as you mentioned put up signage, you are. In all context you probably are, but just not notified as such - not uncommon though and usually not a big deal for unfenced areas. Your position of talking about it like it was a right of yours in the context of easement is a dubious assertion and indicates a particular mindset you seem to have on the issue, which I have seen you assert in the past here as well regarding property rights.

[CSACANNONEER]

Nope. Land is unfenced and uncultivated. I'm not hunting there, I'm not discharging any firearm, and there are no "No trespassing" signs posted. I'm definitely not trespassing.

By the definition of the word, you are, in fact, tresspassing. You may be legally tresspassing or illegally tresspassing but, you are tresspassing!

[a1c]

By the definition of the word, you are, in fact, tresspassing. You may be legally tresspassing or illegally tresspassing but, you are tresspassing!

The definition of the word implies a legal meaning. I am NOT legally trespassing.

Yes, but if the landowner comes out and tells you or as you mentioned put up signage, you are. In all context you probably are, but just not notified as such - not uncommon though and usually not a big deal for unfenced areas. Your position of talking about it like it was a right of yours in the context of easement is a dubious assertion and indicates a particular mindset you seem to have on the issue, which I have seen you assert in the past here as well regarding property rights.

But that's key here: the landowner never came out to tell me he doesn't want me there. If he did, yes, I would be trespassing. If he did put up signs, I would be trespassing. None of those things happened. He most likely knows I often walk through this bit of his property through this 200 feet trail, but has never bothered telling me I shouldn't. Given the local topography, that trail has probably been there for decades, if not longer.

You should not make any assumptions regarding my views of property rights - you do not know me, and you have no idea who I am, or what my views are on the subject in general. I'm following the law. And if you think that by your own definition you have never "trespassed", then you are probably mistaken.

[Kid Stanislaus]

Its good that a mad redneck owner can't shoot u without a warning in the middle of an open field which he owns a small portion of.

Yeah, ya gotta constantly be on the lookout for them mad redneck land owners!!

[CSACANNONEER]

The definition of the word implies a legal meaning. I am NOT legally trespassing.

You are tresspassing. Ifyou are not doing so illegally, then, you are legally tresspassing. But, if you do not feel your actions are legal then, you are illegally tresspassing. It's that simple. Since you are not traversing a legal easement which you have claim to, what would you call it?

[a1c]

You are tresspassing. Ifyou are not doing so illegally, then, you are legally tresspassing. But, if you do not feel your actions are legal then, you are illegally tresspassing. It's that simple. Since you are not traversing a legal easement which you have claim to, what would you call it?

First of all, read the CA statutes regarding trespassing. You will see it is precisely defined. I am not legally trespassing.

Second, I don't intend on doing so, but I could totally decide to establish a prescriptive easement on that part of the property I am going through several times a week, and that its owner never uses.

You seem to believe that unless you have a written or utility easement to cross or use someone's property, you are automatically trespassing. Things are not that simple. There are lots of other factors at play here.