June 11, 2009

Post signs to prevent trespassing

RICHMOND—Trespassing is simple to explain. 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 that 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 of invitees 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 a property owner has an obligation to maintain the property and ensure that it is reasonably safe for guests and invitees.

“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.”

Some common trespassers can include hunters, hikers, all-terrain vehicle riders and people swimming in a private pond or lake.

While you are not legally required to post a sign that labels land as private, it 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,” Mattox said.

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

“If a landowner catches someone trespassing, they should warn the person that it is private property and if they continue to trespass, law enforcement will be contacted,” Mattox said.

If a landowner allows a trespasser to knowingly enter the land, then the landowner could have a duty to warn of dangerous concealed conditions on the property, Mattox said.

Contact Mattox at 804-290-1440.