Suing Someone for Trespassing On Your Property

If someone unlawfully entered your property without your permission, it may be possible to take legal action against them. Trespassing can be both a criminal and civil offense. It becomes serious when a trespasser or trespassers violate your property rights and can cause significant emotional and financial distress.

In this article, we will explore the concept of trespassing, instances where a civil lawsuit against a trespasser might be appropriate, the evidence you need to win the lawsuit, the potential recovery, and the importance of consulting with an attorney throughout the process.

Trespassing Defined

Trespassing occurs when someone intentionally makes unlawful entry to another person’s property without permission. This takes place on private property, private land, residential or commercial premises, or any other area where the property owner has exclusive rights to the property. Trespassing is generally considered a civil infraction, punishable by the equivalent of a traffic ticket, but in some cases, it can also lead to misdemeanor or felony criminal charges.

Instances Where a Civil Lawsuit Against a Trespasser Might Be Appropriate

When people think of trespassing, they think of criminal trespassing, they don’t usually think of lawsuits. But someone taking advantage of your property could be grounds for seeking compensation. It would be similar to filing any other personal injury lawsuit. Some examples of when you may want to think about suing a trespasser include:

• Continuing trespass: If someone is repeatedly trespassing on your property despite being warned, a lawsuit might be appropriate to prevent more violations.
• Property damage: You can hold trespassers who damage your property, like destroying fences, gardens, or buildings, accountable for their actions through a lawsuit.
• Invasion of privacy: If the trespasser engages in invasive activities, such as peering into your windows or spying on you, you may have grounds for a lawsuit to protect your privacy.
• Economic loss: Trespassers who disrupt your business operations or prevent you from using your commercial real estate to make money may be liable for economic damages.

Proof Needed To Win a Trespassing Lawsuit

To prevail in a lawsuit against a trespasser, you must present sufficient evidence to support your claim. The following key elements are essential to establish the trespasser’s liability:

• You owned or had the legal right to possess the property.
• The defendant entered your property without your permission or consent. You can prove this through eyewitness testimony, surveillance footage, records of your calls to law enforcement, or physical evidence of the trespasser’s presence.
• The trespasser had the intent to enter your property unlawfully. You can prove this by documenting their actions, like ignoring no trespassing signs or fences.
• If you suffered any harm or damages as a result of the trespasser’s actions, such as property damage or emotional distress, you must provide evidence supporting these claims.

What You Can Recover in a Lawsuit

A successful lawsuit against a trespasser could entitle you to different types of compensation, depending on the facts of your case. They can include:

• Actual damages: This involves reimbursement for any of your financial losses caused by the trespasser’s actions, such as property damage, repair costs, or lost income.
• Punitive damages: In certain cases where the trespasser acted maliciously or recklessly to cause you harm, the court may award punitive damages to punish and deter similar behavior.
• Emotional distress damages: If the trespasser’s actions caused you significant emotional distress, you may be awarded damages to compensate for the psychological impact.
• Injunctive relief: The court could issue an injunction, which stops the trespasser from setting foot on your property in the future or other encroachment actions.

Get an Attorney’s Help

These cases are complex, so it is essential to consult with an experienced attorney. This ensures that you have the support and expertise needed to navigate the legal system and increases the likelihood of a successful outcome. They can guide you through the legal proceedings, help gather the necessary evidence, and advocate for your rights in court.

Your property should be off limits to others if that’s how you want it. By taking legal action against a trespasser, you not only assert your property rights but also deter potential future trespassers from violating your boundaries.