June 2009

Protect your property from trespass liabilities

Trespassing is simple. If you unlawfully enter land that belongs to someone else, you’re trespassing.

From a legal standpoint, visitors to another property fall into three categories:

• Licensees are social guests who have been invited to the property by the owner.
• Invitees are those with business on the property and are presumed to be there with the owner’s knowledge or permission. Examples include mail carriers, delivery drivers and meter readers.
• And then there are trespassers.

The difference between trespassers and the other two types of visitors is that, for the first two, a property owner has an obligation to maintain the property and ensure that it is reasonably safe.

“The landowner owes no duty of care to a trespasser,” said Rick Mattox, vice president of claims for Virginia Farm Bureau Mutual Insurance Co. “Most land is privately owned, and a lot of it isn’t posted. Any time privately owned land is entered without the permission of the owner it is considered trespassing.”

Signs spell it out

While owners are not legally required to post a sign that labels their land as private, that practice is recommended to eliminate ambiguity.

“A ‘no trespassing’ sign warns the public that it’s private property and they’re not allowed to enter the property. If someone enters the property, they may be subject to criminal prosecution,” Mattox said.

When posting “no trespassing” signs, a good rule of thumb is to have signs every 100 yards or so along the perimeter of the property.

“If a landowner catches someone trespassing, they should warn the person that it is private property and they are not allowed, and that if they continue to trespass, law enforcement will be contacted,” Mattox said.
If a landowner allows a trespasser to knowingly enter a property, then the landowner could have a duty to warn of dangerous concealed conditions on the property.
If vandalism occurs on privately owned property, that’s a separate crime.
Farm Bureau members can obtain at no charge signs and decals indicating participation in Farm Bureau’s property protection service. In the event of theft or vandalism, Farm Bureau will pay a $1,000 reward to an individual who offers information about the crime that results in a conviction.