"No Trespassing" Sign Curiousity Question.

Ματθιας

Ματθιας

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I'm not sure if I'm wording my question properly, please bear with me:

What does a "No Trespassing" sign mean, legally, when placed on private property? What rights does it give the property owner and what penalties does it impose on the trespasser, if any, Vs a property with no signs.

The reason I'm asking is that I have a "no solicitor" sign and it gets ignored by solicitors. These people can't/don't read, don't know what "soliciting" means or they just don't care. I'm wondering if a "No Trespassing" sign will be a little more "persuasive".
 
I'm sure it varies by State. Here, the requirements are quite specific. The signs have to meet the specs and be no more that X feet apart, and on all 4 sides of the property.

If you see a trespasser you have to call the police and then press charges. A hassle, and you won't get anything in return.

If there is a hole on the property and the trespasser falls in and dies, the signs won't do you any good when the wife sues you for wrongful death.
 
STORM2 said:
Try this:
“No Trespassing, surveillance drones, night vision cameras, motion sensors in use. Law Enforcement dogs and snipers train here. Bulldozer on location for towing, do not park or block access.”
Click to expand...

Add to that, "and due to the recent high cost of ammunition, do not expect a warning shot".
 
There are specific legal rights involved with trespassing. It will behoove you to read your state laws.

Private property does not have an implied no trespassing right. First, the potential trespasser must have knowledge they are on private property. Second, they must have had the opportunity to know that they are not welcome on that property.

State law should tell you what kind of notification is necessary. For example, here, a sign on a fence must be posted every so many feet to meet the requirement.

When someone is trespassing, they are breaking the law. Again, you must consult your state's laws to determine the penalty. Here, can call the police and they will come remove a trespasser. Since it will be at least half an hour before they get here, that's not a great option. In my state, I'm allowed to use whatever force is necessary to remove a trespasser.

Just because a sign says trespassers will be shot doesn't make it legal to shoot someone. It may be legal to use deadly force in some state, but definitely not this one.
 
Ματθιας;141037005 said:
I'm not sure if I'm wording my question properly, please bear with me:

What does a "No Trespassing" sign mean, legally, when placed on private property? What rights does it give the property owner and what penalties does it impose on the trespasser, if any, Vs a property with no signs.

The reason I'm asking is that I have a "no solicitor" sign and it gets ignored by solicitors. These people can't/don't read, don't know what "soliciting" means or they just don't care. I'm wondering if a "No Trespassing" sign will be a little more "persuasive".
Click to expand...

Ask, and ye shall receive; knock and the door will be answered. Below is current New Mexico trespass law.


ARTICLE 14
Trespass
30-14-1. Criminal trespass.
A. Criminal trespass consists of knowingly entering or remaining upon posted private property without possessing written permission from the owner or person in control of the land. The provisions of this subsection do not apply if:

(1) the owner or person in control of the land has entered into an agreement with the department of game and fish granting access to the land to the general public for the purpose of taking any game animals, birds or fish by hunting or fishing; or

(2) a person is in possession of a landowner license given to him by the owner or person in control of the land that grants access to that particular private land for the purpose of taking any game animals, birds or fish by hunting or fishing.

B. Criminal trespass also consists of knowingly entering or remaining upon the unposted lands of another knowing that such consent to enter or remain is denied or withdrawn by the owner or occupant thereof. Notice of no consent to enter shall be deemed sufficient notice to the public and evidence to the courts, by the posting of the property at all vehicular access entry ways.

C. Criminal trespass also consists of knowingly entering or remaining upon lands owned, operated or controlled by the state or any of its political subdivisions knowing that consent to enter or remain is denied or withdrawn by the custodian thereof.

D. Any person who enters upon the lands of another without prior permission and injures, damages or destroys any part of the realty or its improvements, including buildings, structures, trees, shrubs or other natural features, is guilty of a misdemeanor, and he shall be liable to the owner, lessee or person in lawful possession for civil damages in an amount equal to double the value of the damage to the property injured or destroyed.

E. Whoever commits criminal trespass is guilty of a misdemeanor. Additionally, any person who violates the provisions of Subsection A, B or C of this section, when in connection with hunting, fishing or trapping activity, shall have his hunting or fishing license revoked by the state game commission for a period of not less than three years, pursuant to the provisions of Section 17-3-34 NMSA 1978.

F. Whoever knowingly removes, tampers with or destroys any "no trespass" sign is guilty of a petty misdemeanor; except when the damage to the sign amounts to more than one thousand dollars ($1,000), he or she is guilty of a misdemeanor and shall be subject to imprisonment in the county jail for a definite term less than one year or a fine not more than one thousand dollars ($1,000) or to both such imprisonment and fine in the discretion of the judge.

G. This section, as amended, shall be published in all issues of "Big Game Hunt Proclamation" as published by the department of game and fish.

Penalties:

30-14-1.1. Types of trespass; injury to realty; civil damages.
A. Any person who enters and remains on the lands of another after having been requested to leave is guilty of a misdemeanor.

B. Any person who enters upon the lands of another when such lands are posted against trespass at every roadway or apparent way of access is guilty of a misdemeanor.

C. Any person who drives a vehicle upon the lands of another except through a roadway or other apparent way of access, when such lands are fenced in any manner, is guilty of a misdemeanor.

D. In the event any person enters upon the lands of another without prior permission and injures, damages or destroys any part of the realty or its improvements, including buildings, structures, trees, shrubs or other natural features, he shall be liable to the owner, lessee or person in lawful possession for damages in an amount equal to double the amount of the appraised value of the damage of the property injured or destroyed.

Posting Requirements:

30-14-6. No trespassing notice; sign contents; posting; requirement; prescribing a penalty for wrongful posting of public lands.
A. The owner, lessee or person lawfully in possession of real property in New Mexico, except property owned by the state or federal government, desiring to prevent trespass or entry onto the real property shall post notices parallel to and along the exterior boundaries of the property to be posted, at each roadway or other way of access in conspicuous places, and if the property is not fenced, such notices shall be posted every five hundred feet along the exterior boundaries of such land.

B. The notices posted shall prohibit all persons from trespassing or entering upon the property, without permission of the owner, lessee, person in lawful possession or his agent. The notices shall:

(1) be printed legibly in English;

(2) be at least one hundred forty-four square inches in size;

(3) contain the name and address of the person under whose authority the property is posted or the name and address of the person who is authorized to grant permission to enter the property;

(4) be placed at each roadway or apparent way of access onto the property, in addition to the posting of the boundaries; and

(5) where applicable, state any specific prohibition that the posting is directed against, such as "no trespassing," "no hunting," "no fishing," "no digging" or any other specific prohibition.

C. Any person who posts public lands contrary to state or federal law or regulation [regulation] is guilty of a petty misdemeanor.
 
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Is it really that big a deal? I haven’t had anybody ring my doorbell that I didn’t know in a year. And I live in a real neighborhood . . .

Ματθιας;141037005 said:
I'm not sure if I'm wording my question properly, please bear with me:

What does a "No Trespassing" sign mean, legally, when placed on private property? What rights does it give the property owner and what penalties does it impose on the trespasser, if any, Vs a property with no signs.

The reason I'm asking is that I have a "no solicitor" sign and it gets ignored by solicitors. These people can't/don't read, don't know what "soliciting" means or they just don't care. I'm wondering if a "No Trespassing" sign will be a little more "persuasive".
Click to expand...
 
Opening the door, wearing nothing but a grin and a pistol (maybe socks, if the floor is cold) tends to make solicitors make a hasty retreat and generally not return. Haven't had a Jehovah Witness at the door in years.:eek:
 
Here it helps to have the signs but I am sure it varies a lot state to state. You can also notify someone that they are not allowed on your property via register letter and send a copy to local sheriff.

You can always do a search for your states codes.

i just searched for N Mexico codes and found Chapter 30 - Criminal Offenses | NMOneSource.com
Trespass laws under ARTICLE 14

I have MONTANA CODES bookmarked and then I can ask the wife esq
 
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Ziggy2525 said:
Probably not. Have you considered just not answering the door?
Click to expand...

A big THANKS to all those who answered!!!

This really isn't about me, it's about my mom. She's 89, I don't live with her and I worry about her. If can do something to deter folks from coming on to her property, especially ringing the doorbell really early in the morning and when I'm not at her house that's all I'm trying to do.

While She won't answer the door, she'll go to the window to look.

Lately, there have been people canvasing the neighborhood trying to pedal solar panels, or they are putting papers on doors to solicit work - contractors, yard work and such.
 
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My property is posted, as well as the two driveways. Just a couple years ago I had a game warden call for permission to enter. Last year the census people just drove in, no worries, but I did scold them and ran them off. Just yesterday, a county sheriff deputy just drove into the yard. He was trying to serve a warrant to next door neighbor, great guy, I didn't press the situation. Because of this thread, I think I better check my legal rights, distance for signs, etc.
 
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