What Happens when One Trespasses?
Trespassing is the unauthorized entry onto property or land. Trespassing is considered a criminal offense, and those violating the law are subject to the legal consequences. When someone trespasses and is found guilty, the judicial system decides on the appropriate consequence, and law officials enforce legal action against the trespasser. If any property was stolen by the trespasser, that individual is responsible for compensating the victims or owners of such property, as defined by the court.
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Rights of the Plaintiff
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If the defendant makes unauthorized entry onto the property of the plaintiff, the plaintiff has the right to seek all damages, including monetary and material. Civil and criminal trespass laws exist.
The Act
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When one trespasses, it means that individual did not receive consent to enter to property or land belonging to the owner.
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Criminal Trespassing
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Criminal trespassing involves the unlawful entry onto a property to commit some form of crime; for example, arson, theft or breaking and entering. This occurrence is considered a criminal offense against property.
Relating to Real Estate Law
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When someone enters a home or land without consent, that individual is trespassing against the possession of the landowner.
Intentions
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For either criminal or civil trespassing, some level of intent is required on the behalf of the trespasser. The trespasser must have knowledge that he is entering the property without the permission of the owner.
Acknowledgement
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Once a person acknowledges that they should not enter a property without permission, accountability comes into play. Once the individual goes against the owner's statement to not enter the property or ignores indicators to not enter the property, a trespass has occurred.
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