Trespassing (Virginia)

In My Humble Opinion
1

Virginia law seems to define criminal trespassing as entering private property only “after having been forbidden to do so, either orally or in writing.” It seems to leave wide open the possibility that anyone can just come onto my property if they want to. Does this mean that it is not trespassing to play soccer on my front lawn if I don’t have a “No Trespassing” sign? (Whimsical example)

I used the word “trespassing” in reference to someone walking through a neighbor’s yard as a shortcut and someone pedantically pointed out this law and said they are not trespassing if there is no sign and they haven’t been told to leave.

2

If the citation is accurate and there isn’t any other relevant law, then, yes, you have to inform each individual specifically that they aren’t allowed to cross your property before it’s trespassing. That can be using a sign or by yelling at them to get off your lawn.

Why? You want to be able to threaten criminal charges against anyone who happens to take a shortcut or accidentally kicks a soccerball into your yard? That seems a bit ungenerous, to say the least.

The United Kingdom has even stronger limits on the notion of trespassing. British citizens have a “right to roam” and landowners in certain areas–mostly rural areas–are prohibited from chasing hikers and campers off their land or blocking their access.

3

It probably is a trespass (NAL. Reported for change of forum)

Playing soccer on your front lawn damages your front lawn, and damages your enjoyment of your front lawn, in a way that merely “being there” doesn’t.

4

Trespass, but not criminal trespass, you would have civil remedies. As usual in the US, different laws in every state…

5

Fences are more common in Australia. In Australian states, being “inside the gate” without a legal excuse puts you at risk of something similar to criminal trespass, and being “outside the fence” probably means you aren’t criminal.

6

You seem to be putting words in my mouth here. I never said any of that. I am looking for a definition of terms.

We have a neighbor who lives adjacent to an easement used as a path. The path gets wet and people cross through her yard. No one individual does discernable damage but collectively over time it tears up her lawn. I was trying to determine if this is “trespassing” absent a sign.

7

No, I’m asking for clarification, with a plausible interpretation.

As you found, I also found this provision of the Virginia criminal statutes (Va. Code, § 18.2-119. Trespass after having been forbidden to do so; penalties.):

If any person without authority of law goes upon or remains upon the lands, buildings or premises of another, or any portion or area thereof, after having been forbidden to do so, either orally or in writing, by the owner, lessee, custodian, or the agent of any such person, or other person lawfully in charge thereof, or after having been forbidden to do so by a sign or signs posted by or at the direction of such persons or the agent of any such person or by the holder of any easement or other right-of-way authorized by the instrument creating such interest to post such signs on such lands, structures, premises or portion or area thereof at a place or places where it or they may be reasonably seen, or if any person, whether he is the owner, tenant or otherwise entitled to the use of such land, building or premises, goes upon, or remains upon such land, building or premises after having been prohibited from doing so by a court of competent jurisdiction by an order issued …, and after having been served with such order, he shall be guilty of a Class 1 misdemeanor.

If that is the only relevant provision, then the answer is “yes.” It’s not criminal trespassing unless there is a sign posted or the person has been told in person to leave.

There exists also civil trespassing, which wouldn’t be covered by this provision. But the remedy for civil trespassing is a lawsuit.

There’s nothing particularly surprising about either of these things. In general, the law doesn’t want to create problems. Assuming that all unauthorized stepping on someone else’s property without something further, like a breach of the peace, is a violation of law would create unnecessary legal conflicts. One would prefer that general peaceful activity, like just walking around or playing soccer, not constantly inadvertently create breaches of the law.

8

Although I realize you are looking for factual information, legal and medical questions generally are kept in IMHO. Moving this thread.