Owning a property comes with a ton of responsibilities, including keeping it safe for you, your family, and your guests. But it’s not just guests you need to protect – your responsibilities extend to trespassers and squatters. And unfortunately, even trespassers have rights.
In many states, trespassers and squatters can sue a homeowner (and win). But you don’t have to wait until you’re facing a huge problem to liability-proof your home. Whether your goal is to avoid injuries or keep people out, the following will help you avoid lawsuits.
1. Install an entryway gate
One of the best things you can add to your property is a sturdy gate. It will enhance the curb appeal of your home, but it will also act as a deterrent, a legal boundary, and a psychological barrier. Here’s why people install gates:
· Visual boundary. Although you should probably still post a sign, locked gates communicate “private property” pretty clearly. It makes it obvious that crossing that line isn’t legal. It may not deter everyone, but it will prevent a lot of unwanted foot traffic.
· Physical deterrent. Gates increase the amount of effort required to enter, and that means most people won’t bother.
· Legal reinforcement. A locked gate at your home’s entry point will help to establish your intent to secure your property, and this can be critical if you need to evict a squatter or defend against adverse possession claims.
· Added home value. Gates increase curb appeal and can potentially increase property value.
Installing a gate can act as a deterrent, support you legally, and boost your home’s aesthetics.
2. Put up signs to deter trespassers
Place appropriate “no trespassing” and “private property” signs on gates or posts at your points of entry and exits as well as along fences. Just keep in mind that signs are a good deterrent for some would-be trespassers, but they aren’t legally binding. Posting a “no trespassing” sign won’t automatically absolve you of liability if a trespasser ignores the sign and becomes injured on your property. However, in some states, your signs can be used to prove your case.
A word of caution:
Although general “no trespassing” signs are great, avoid signs that imply intent to harm trespassers, even as a joke. For example, “trespassers will be shot, survivors will be shot again” signs are popular, but they can actually get you in a lot of legal trouble.
You can’t use deadly force against someone for trespassing on your property, and if you end up actually shooting a trespasser – even if they pull a gun on you first – your aggressive sign can be used against you as evidence of intent to harm. This can make your legal situation worse. A skilled lawyer might say that you were just waiting for a chance to shoot someone. These types of signs can also lead to civil lawsuits if someone feels threatened or harmed by the implied message.
Check your state’s laws regarding signage before buying any signs. In some states, you’re required to include a reference to the Criminal Code that makes trespassing a violation. In any case, stick with general, clear signs that say “private property,” “no trespassing,” and “violators will be prosecuted” to avoid legal problems.
3. Use plants as deterrents
Plant thorny bushes like hawthorn, barberry, and blackberry, around fences and any gaps you have in your property line (like on either side of your entryway gate if you don’t have a solid barrier). Thorny bushes make entry painful, and most people won’t bother trying to get through it.
4. Fix hazards
To avoid injury lawsuits, keep your property in good shape. Fix potholes, rake down molehills, cut the weeds regularly if you have vines that can trip people, fix broken steps and handrails, and warn visitors about known hazards. If you can’t fix something right away, rope it off with orange cones to make it visible.
5. Keep good records
Whether you’re dealing with a guest who won’t leave, someone attempting to take over via adverse possession, or a habitual trespasser, keep records of everything. Make sure you have a copy of your deed, mortgage agreement, and any notices sent to illegal occupants. Most importantly, pay your property taxes on time and in full and never allow anyone else to pay them for you. That’s one of the ways people win adverse possession claims.
Stay proactive
The easiest way to avoid lawsuits is to be proactive. Address safety hazards without delay to avoid injuries. And secure your property with gates, fences, and signage that says your home is locked down and monitored. Trespassers don’t want a fight; they want a loophole, so don’t give them one. Properties that look neglected or easy to access are magnets for trespassers and squatters.