How to Legally Remove Trespassers From Your Property

By eHow Home & Garden Editor

Rate: (2 Ratings)

Posting adequate signage and erecting fences and other barriers can help keep trespassers from entering your private property without permission, but if the violators persist you must know how to legally remove them. Follow these steps.

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Instructions

Difficulty: Moderately Challenging

Things You’ll Need:

Internet access
Phone number for local authorities

Evict the Offender

Step1

Warn all trespassers that they are on private property and must leave.

Step2

Know your state's trespassing statutes and whether you, as a property owner, have the right to use reasonable force to remove a person from the premises.

Step3

Don't use unreasonable amounts of force, or you could face a lawsuit and, possibly, criminal charges.

Call the Experts

Step1

Call the police to remove trespassers from your property. Police officers can forcibly remove intruders from your property and save you from a lawsuit.

Step2

File for a restraining order if the trespasser repeatedly appears on your property. Ask your local district attorney's office what's required for a restraining order.

Step3

Obtain support from groups like Nolo and the National Crime Prevention Council (see Resources below).

Tips & Warnings

In many jurisdictions, it is not considered trespassing if an emergency has forced someone onto your property.
If you are in an unincorporated area beyond police jurisdiction, call the sheriff's office to remove trespassers.
Keep the number for your local police department or sheriff's office next to the phone. If you feel threatened by a trespasser, don't hesitate to call the authorities.
Don't blow matters out of proportion. Trespassers may not know they are on private property, or may be lost or in need of help. Ask the person to explain why he or she is on your property. Overreacting (by forcibly detaining the trespasser, for instance) could result in a lawsuit.
Don't be lulled into a sense of false security. If you are home alone when a person knocks on your door and claims to have car trouble, communicate through the door that you will call the police and a local tow service, but that you cannot allow the person to enter.