Trespassing is one of those things that all property owners instinctively get upset about. The idea that someone is on our land, without our permission, is enough to make your blood boil even if they aren’t hurting anything.
The nerve of some people!
But understanding your state’s trespassing laws is important if you want to know exactly where your rights begin and end when it comes to keeping people off of your property, and also so you can avoid trespassing accidentally on someone else’s land.
However, this task is complicated somewhat by the fact that all trespassing laws are different in every state.
Though usually pretty similar, penalties and specifics regarding notification and other factors can vary quite a bit.
When it comes to Vermont, they don’t mess around. The laws on trespassing are short and clear, and trespassing in the state is typically a misdemeanor but it can be a felony charge in specific instances.
Keep reading and we will tell you everything you need to know about the most important parts of Vermont’s trespass laws.
Vermont Trespassing Law Overview
- Most types of trespassing in Vermont are misdemeanors.
- Trespassing in a dwelling May rate felony charges.
- Vermont has special statutes that detail trespassing while in a vehicle.
What Constitutes Trespassing in Vermont?
Vermont defines trespassing as entering or remaining on any land or any place belonging to another person lacking the permission of that person if notice against trespassing is given by specific communication to the individual, or by posted signs.
Basically, if a property does not belong to you and you don’t have the permission of the property owner to be there and you enter or remain on that property and defiance of an order to stay away from the property or defines of posted no-trespassing signs, then you are committing unlawful trespass
You can read the exact text of the relevant law for yourself in section 3705 below:
3705. Unlawful trespass
(a)(1) A person shall be imprisoned for not more than three months or fined not more than $500.00, or both, if, without legal authority or the consent of the person in lawful possession, he or she enters or remains on any land or in any place as to which notice against trespass is given by:
(A) actual communication by the person in lawful possession or his or her agent or by a law enforcement officer acting on behalf of such person or his or her agent;
(B) signs or placards so designed and situated as to give reasonable notice; or
(C) in the case of abandoned property:
(i) signs or placards, posted by the owner, the owner’s agent, or a law enforcement officer, and so designed and situated as to give reasonable notice; or
(ii) actual communication by a law enforcement officer.
(2) As used in this subsection, “abandoned property” means:
(A) real property on which there is a vacant structure that for the previous 60 days has been continuously unoccupied by a person with the legal right to occupy it and with respect to which the municipality has by first-class mail to the owner’s last known address provided the owner with notice and an opportunity to be heard; and
(…)
Does Vermont Require “No Trespassing” Signs?
Vermont does require the posting of no-trespassing signage to notify would-be trespassers against doing so assuming that the property owner has not communicated with them directly that they are not allowed to be on or remain on the property.
Although no specific mention of requirements is given in the appropriate section, it is a good idea to post highly visible, contrasting signs around the perimeter of your property at regular intervals and at every typical entrance to the property to be safe.
Is Fencing Required to Protect Property?
No. Fencing does not factor into trespassing on private property, only posted signage or direct notification to the trespasser by the owner or the owner’s authorized agent.
What Other Marks Indicate “No Trespassing”?
None. Some states rely on what is commonly referred to as purple paint or orange paint walls for posting property against trespassers, but Vermont is not one of them.
Increasingly, many people know what visible slashes of paint on trees or fence posts mean, but since the law does not incorporate them in Vermont you won’t be able to count on them as a legal notice against trespassers. Post your signs, no exceptions!
Can Solicitors Ignore “No Trespassing” Signs?
Generally not. Although the state rarely makes a case out of it for solicitors and suburban neighborhoods, the same cannot be said for more rural areas.
In any case, solicitors ignore no-trespassing signs at their own peril.
Also, under no circumstances can a solicitor circumvent a closed or locked gate, fence, or other barriers to entry
Can Trespassing Result in Arrest in Vermont?
Absolutely. Vermont treats trespassing seriously, and even misdemeanor crimes of trespassing can still result in substantial fines and a jail term of up to a year.
Trespassing in a dwelling can result in fines of several thousand dollars and potentially a prison sentence, making it a felony.
Can You Take Someone to Court for Trespassing?
Yes. As mentioned above, Vermont frowns heavily on trespassing, and any trespasser that does so repeatedly, with the intention of committing another crime on the property or furthering a crime in progress, or in doing so causes damage to land or other possessions will certainly find themselves hauled into court if the owner of the property wants to press the issue.
Special Instances of Trespassing in Vermont
Vermont has a few special statutes covering trespassing, but perhaps the one that is most important to your average person is found in section 3739, as it covers the operation of vehicles on state-owned land.
Doing so in a way that violates this statute might entail trespass. Read the exact text for yourself immediately below:
3739. Operation of vehicles on state owned land
(a) A person who operates a motor vehicle, as defined in 23 V.S.A. § 4, on any land that is owned or held by the State:
(1) except in places or on trails specifically designated and marked by the Secretary of Natural Resources; or
(2) contrary to any rule governing the use of the place or trail shall be fined not more than $500.00. For the purposes of this section “land owned or held by the State” does not include a highway as defined in 23 V.S.A. § 4.
(b) The Secretary of Natural Resources may by rule designate a place or trail for use by motor vehicles when it finds that natural, fish and wildlife, and other recreational activities or aesthetic values will not be substantially adversely affected. The Secretary may by rule specify under which weather and trail conditions or at which times or hours of the day designated trails or places may not be used.
via Modern Survival Online https://ift.tt/uWhbHMY
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