How do you file a No Trespass Order in the state of NY?

Real Estate 6 views 3 answers
I am having a problem with a trespasser/neighbor who is using my property to cut through to his house past my window. He has created a path through my yard. I live in a rural area where police don't arrive for up to 15 minutes. Can I serve him with a no trespass order so that he can't in the future claim my property? I assume this is just a form that is sent to the neighbor certified and then a copy to the police? Do I need to go through the township in NYS for a no trespass order form? Or do i just send a notice? Does it vary by township? How does one typically file a no trespass order in NYS?

Attorney Answers

3
Vonnie Dones ·
You should fence in or enclose your property to keep your neighbor out and place no trespassing signs around your property to put your neighbor on notice. (It is still illegal to trespass, even if you do not post trespass signs). You should not use force to remove your neighbor, this may cause problems for you. You should document the trespass(es) and file a police report. Dates, times, photos, and statements from people who witnessed the event will be helpful. Intruder can be fined ($50-$500) and ordered to stay off your property. Criminal trespassing can be described as: § 140.05. Trespass. Trespass is a violation. A person is guilty of trespass when he knowingly enters or remains unlawfully in or upon premises. Punishable by a fine and community service. § 140.10 Criminal trespass in the third degree. This is a class B misdemeanor. "Knowingly enters or remains unlawfully in a building or upon real property (land)...(a) which is fenced or otherwise enclosed in a manner designed to exclude intruders." Trespassing on another individual’s property is a Class B misdemeanor in the third degree which may be charged under these circumstances: 1. Property that is fenced in such a manner so as to keep out intruders, 2. A building used as an elementary school, 3. Public housing project, or 4. A property with a right-of-way such as a railroad Third Degree Criminal Trespassing is punishable by up to 90 days in jail and a fine up to $500.
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Steven Smollens ·
Dear Albany County Land Owner: To start, the Albany County Code allows use of no trespass signs on your property. See the Code at: http://ecode360.com/7684277, at Section 307-6. I gather your property is not fenced or otherwise enclosed. Typically you would post your No Trespass signs on your own property on posts or on tress on the perimeter of the property. You may install motion sensitive lights and alarms as well as cameras to catch the trespasser in the act. You may hire an attorney to provide notice of the violation of your property and demand the neighbor cease and desist. You could hire a security firm to monitor your property. You should inform the local as well as State Police.
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Stephen Cooper ·
I would speak to a local lawyer about this type of stuff.
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