Trespass

There are two types of trespass: criminal and civil. Criminal trespasses can be prosecuted as a misdemeanor or felony depending upon the degree and damage involved in the trespass. Civil trespass occurs when a non-owner is using or is on another owner’s property without consent. To advance with a lawsuit for money the property owner would have to experience some monetary damage. Otherwise, the appropriate remedy would be to ask the court to eject the trespasser. A civil trespasser may also be involved in litigation relating to adverse possession or an easement (see the articles on adverse possession and easements). The property owner should remember that if there is a trespasser the proper authorities should be notified if there is imminent danger.

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