Someone keeps walking across your yard. A neighbor’s contractor parked equipment on your land. A stranger dumped trash on your property. Trespassing isn’t just annoying—it’s a violation of your property rights. Depending on the situation, you may have grounds to sue for damages, get a court order to stop the trespassing, or press criminal charges.
Quick Answer
You may be able to sue for trespassing if someone intentionally enters your property without permission. You don’t need to prove actual harm—the trespass itself is enough for a lawsuit. However, damages may be limited if there was no physical harm to your property. You can seek compensation for any damage caused and a court order (injunction) to prevent future trespassing.
What Is Trespassing?
Trespassing occurs when someone:
- Enters your property without permission
- Remains on your property after being asked to leave
- Places objects on your property without consent
The trespass must be intentional—meaning the person meant to enter that location, even if they didn’t know it was private property. Accidentally wandering onto your land while lost isn’t typically trespassing.
Types of Trespass
Trespass to Land
The most common type: physically entering someone’s property without permission.
Trespass to Chattels
Interfering with someone’s personal property (not land). This is a separate legal concept.
Continuing Trespass
When something remains on your property without permission:
- A fence built over the property line
- Debris left on your land
- Structures encroaching on your property
Civil vs. Criminal Trespass
| Civil Trespass | Criminal Trespass |
|---|---|
| You sue the trespasser | The state prosecutes |
| Seek money damages | Can result in fines or jail |
| Lower burden of proof | Must prove beyond reasonable doubt |
| You control the lawsuit | Prosecutor decides whether to charge |
You can pursue both: file a police report for criminal charges AND sue civilly for damages.
What You Can Recover in a Civil Lawsuit
Nominal Damages
Even without actual harm, you can receive nominal damages (often $1) that acknowledge your rights were violated. This can be important for establishing a legal record of the trespass.
Compensatory Damages
Compensation for actual harm:
- Property damage (landscaping destroyed, structures damaged)
- Cost to clean up debris or trash
- Diminished property value
- Loss of use of your property
- Costs incurred because of the trespass
Punitive Damages
In cases of intentional, malicious, or repeated trespass, courts may award punitive damages to punish the trespasser and deter future conduct.
Injunctive Relief
A court order requiring the trespasser to:
- Stop trespassing
- Remove encroaching structures
- Stay a certain distance from your property
Violating an injunction can result in contempt of court charges.
Steps to Take
1. Document the Trespass
- Take photos and videos of the trespasser or evidence of trespass
- Note dates, times, and duration
- Photograph any damage
- Keep a log of each incident
- Get witness statements if possible
2. Post “No Trespassing” Signs
While not required to sue, posted signs:
- Make it clear the property is private
- Eliminate claims of ignorance
- May be required for criminal trespass charges in some states
- Strengthen your case
3. Ask the Trespasser to Leave
If safe to do so:
- Clearly tell them they’re on private property
- Ask them to leave
- Document that you gave notice
4. Send a Written Warning
If you know who the trespasser is, send a letter:
- State that they’ve been trespassing
- Demand they stop
- Warn of legal action if they continue
- Send via certified mail
5. Call the Police
For ongoing or serious trespass:
- File a police report
- The trespasser may receive a warning or be charged
- Creates official documentation
6. Consider a Restraining Order
If the trespasser poses a threat or continues despite warnings, you may seek a civil restraining order or protective order requiring them to stay away.
7. File a Lawsuit
If the trespass continues or caused damage:
- Small claims court for smaller amounts
- Civil court for larger claims or injunctions
Common Trespass Scenarios
Neighbor Disputes
Common situations:
- Neighbor’s fence or shed encroaches on your land
- Neighbor cuts through your yard
- Neighbor’s contractors access your property without permission
Hunters and Recreators
People entering private land to hunt, fish, or recreate without permission. Posted signs are especially important in rural areas.
Easement Disputes
If there’s an easement (legal right to use part of your land), the holder may only use it for its stated purpose. Exceeding the easement can be trespass.
Prescriptive Easements
Warning: In some states, if someone uses your property openly for a long period (often 10-20 years), they may gain a legal right to continue using it. This makes addressing trespass promptly important.
Defenses to Trespass
The alleged trespasser may argue:
- Consent: They had permission (express or implied)
- Necessity: Emergency required entering your property
- Public easement: A legal right to access exists
- Mistake: They reasonably believed they had permission or the land was public
- License: They were invited or permitted to enter
Frequently Asked Questions
Do I need a fence to sue for trespassing?
No. You don’t need a fence or signs to sue for civil trespass. However, for criminal charges, some states require property to be fenced or posted with “No Trespassing” signs.
Can I sue if there was no damage?
Yes. Trespass is actionable even without damage—you can receive nominal damages. If you want an injunction to stop ongoing trespass, you don’t need to prove damage.
What if someone accidentally trespassed?
Intent to enter the property is required, not intent to trespass. If someone intentionally walked onto land but didn’t know it was private, they can still be liable. True accidents (being blown onto property by wind) are not trespass.
Can I physically remove a trespasser?
You can use reasonable force to remove a trespasser, but “reasonable” is limited. Using excessive force can result in assault charges against you. It’s generally safer to call the police.
What about utility companies or government officials?
Utilities often have easements allowing access for maintenance. Government officials may have legal authority to enter in certain circumstances (with warrants, for emergencies, etc.). Check your deed for recorded easements.
How long do I have to sue for trespass?
Statutes of limitations vary by state—typically 2-6 years. For continuing trespass (like an encroaching fence), the clock may restart each day the trespass continues.
When to Contact a Lawyer
Consider consulting a property attorney if:
- Trespass caused significant property damage
- There’s a boundary line dispute
- Encroachments (fences, buildings) are involved
- You need an injunction to stop ongoing trespass
- The trespasser claims an easement or right of access
- You’re concerned about prescriptive easement claims
- The situation involves safety concerns
Many property attorneys offer free or low-cost consultations.
Last updated: January 2025
This article provides general information about trespassing lawsuits in the United States. Laws vary by state. Consult with a qualified attorney for advice specific to your situation.
