Define: Trespasser

A trespasser is an individual who enters onto another person’s property without permission or legal right to do so. In legal terms, trespassing refers to the unauthorised intrusion onto someone else’s land, premises, or property. Trespassers do not have implied or express permission to be on the property, and their presence is considered unlawful. Depending on the jurisdiction and circumstances, trespassing may be classified as a civil offense, subjecting the trespasser to liability for any damages caused, or a criminal offense, punishable by fines or imprisonment. Property owners have the right to take reasonable steps to remove trespassers from their property and may also be entitled to seek legal remedies to prevent future trespassing incidents. It’s important for property owners to clearly mark their boundaries and post signage to deter trespassing and protect their property rights.

A trespasser is a person who goes onto another person’s property without permission. Premise liability law may distinguish between persons who are on the property legally such as licensees, social guests and invitees and those who are on the property illegally such as the trespasser.

If a person is an invitee or a licensee the owner of the property is expected to exercise reasonable care for their safety. If the person is a trespasser the owner also may be required to give reasonable warning to prevent injury, especially if they have created an “artificial condition.” If someone has been injured are your property and they were trespassing it is important to talk to an injury lawyer about the premise liability laws in your state.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.