Expert: Robin Sexton - 1/16/2010

Question
Dear Robin,
Can you please help me to understand our rights as homeowners when it comes to tresspassing laws?  A couple months ago there was someone wandering in our backyard walking around in circles.  For a brief moment I thought it was a burglar or druggie as there had been reports of some serious drug problems in our local high school.  After reporting it to the police, they thought it might be a local hunter walking through the yards to push the deer down to where they were allow to shoot at them.  

Feeling relieved for our safety from a possible criminal act, but still kind of shaken up and feeling a bit violated.  Dont these people think about what they are doing or how it might affect others? I was fearing for my neigbors kids who play in the backyard all the time.

About a month later, I am sitting enjoying my morning coffee and wouldnt you know there he goes again, through the yards.  I had to take a closer look and realized it was the same guy.  Now I am concerned for other reasons. I followed him with my eyes as far as I could see and he walks up my neighbors driveway. Is it my neighbor? Or should I be affraid for my neighbor? Does he have a gun? How desperate is this guy to find deer?  What are my rights? Part of me wants to put a copy of the tresspassing law on his mailbox but I dont know the law.  What advise do you have? What are my rights? What can I do? I think this guy is out of control.

Signed,
HIGH-Tax Paying Citizen

Answer
High tax paying citizen,

First i need to apologize in the delay for responding, i have been out of office on assignment.
Trespassing laws are state and locality specific you can check with your local police for specifics.  In general a persons property is protected from tresspass.  However some states require the property to be posted.  A fence is sometimes considered appropriate posting.  In most states tresspass has the requirment of the homeowner having to inform the tresspasser they are tesspassing and ordering them to leave.  If they return then they are subject to prosecution m usually a citation issued by the police.
If he is hunting he in most states he is required to wear hunter orange, would be carrying a long gun therefore readily visible.  My first thought is he could be taking a shortcut.  I am guessing that your neighborhood may have some covenants regarding fences, posting etc.  Even hunters are not allowed to tresspass, reguiring them to receive landowner permission before they can hunt.  Understand that tresspass laws vary quite a bit by state and locality.  Please contact your local police or go down to their office and inquire, since you do pay taxes you are entitled to a little information at least.

Hope this helps

robin