Are You a Legal Professional?

Trespassing

Welcome to the Trespassing section of FindLaw's Real Estate Center. Trespassing is the legal term for the situation in which one person enters onto the land of another without permission or the legal right to be there. Depending on the circumstances and the law in place where the act occurs, trespassing may be considered a crime, a civil wrong (called a "tort"), or both. For example, a trespasser who steals something from the homeowner's property may be guilty of the crime of burglary. Alternatively, if a trespasser breaks something on the homeowner's property, the homeowner may sue the trespasser under tort law. Find out more below.
Learn About Trespassing
  • Trespassing Basics

    Trespass is an entry onto land without the consent of the landowner. This section explains the intent and knowledge requirements, express consent, implied consent, and the differences between criminal and civil trespass.

  • Hunting, Animals, and Trespassing

    State laws treat hunters differently when it comes to trespassing. Learn about posting requirements, trespassing to retrieve dogs or wounded animals, trespass by livestock, and more in this article.

  • Select State Laws on Hunting and Trespassing

    A collection of selected state laws related to hunting and trespassing. Find your state’s hunter trespassing law to learn about the relevant posting requirements, prohibited actions, and penalties involved.

  • Homeowner Liability for Trespasser Injuries

    While landowners are not obligated to protect trespassers who enter their property without permission, they cannot willfully injure them. This section explains a number of exceptions to this rule, including trespassing children.

  • Adverse Possession: Continuous Trespassers' Rights

    A trespasser who continues trespassing for an extended period of time may earn the right to stay on the land through “adverse possession.” Learn about the requirements of adverse possession, how to avoid it, and more.

  • Easement Basics

    A broad overview of the laws governing easements. Learn about what an easement is, how they’re created, the legal scope of easements, the rights and remedies under law, their transferability, and more.

FindLaw
We provide legal information, lawyer profiles and a community to help you make the best legal decisions. Here are a few ways to get started:

Find a Lawyer | Learn About the Law
View FindLaw.com: Mobile or