Keep Out! The Basics of Trespassing Laws

Image Gallery Signs such as this may or may not impact your rights as a landowner. It depends on the laws in your state. ISTOCKPHOTO/JENNY BONNER

People have different views on privacy and property rights. Some don’t mind if people walk across their land. Others don’t want anyone on their property without permission. (For more on this view, read No Trespassing Signs and Modern Day Monkey Wrenching.) But, those who are concerned about trespassers list multiple reasons:

1. They enjoy their privacy.

2. Concerns about theft and vandalism.

3. They want to protect livestock from hunters or other threats. Many livestock owners now have concerns about biosecurity. That includes disease spread unintentionally and bioterrorism (causing disease and disrupting the food supply).

4. Avoiding liability if a stranger is hurt accidentally while on your property.

Protect Your Property

If you want to keep unwanted guests off your acreage, start by installing a good perimeter fence. Casual passersby most likely won’t climb over a wire-mesh fence and are even less likely to crawl through barbed wire. Limit access points, too — fewer gates and driveways can reduce the number of people who drive onto the property.

You can post signs to make people aware that your property is private. Without signs that say “posted” or “no trespassing,” trespassing is still illegal (though this varies by state, too). However, the signs may inadvertently keep away certain people you want to see. In some instances, you can include “by written permission only” on the signs to allow legal access to propane delivery drivers, trash pickup crews or others you do business with. Signs often must include contact information of the landowner. Required spacing of the signs varies by state.

In some states hunters have a right to pursue injured game onto another person’s property without permission.