Trespassing

Trespassing is defined as a person entering any structure, watercraft or movable owned by another without express, legal, or implied authorization. No person shall enter upon immovable property owned by another without express, legal, or implied authorization.

A trespass notice is a formal warning telling a person to stay off your property. The landowner can trespass them verbally or by giving or sending them a written trespass notice.

“No Trespassing” signs do not need to be posted. If you are not the owner of the property, and you do not have specific permission to be there from the owner or his agent, or a specific authorization by law, you are trespassing.

Where the trespass is ongoing, the landowner can ask for an injunction from the Courts to prevent the trespasser from entering or using the property. It is also possible for a landowner to apply for an injunction where someone is continually fly-tipping on their land to make them remove the rubbish.

Trespass alone is a matter of civil law, which means that the police have no power to arrest the trespasser for it; police may nonetheless help landowners remove trespassers from the land. Trespassers cannot usually be prosecuted but they, however, can be sued.

Criminal trespasser is defined as whoever enters into or upon property in possession of another with intent to commit an offense or to intimidate, insult or annoy any person in possession of such property. Criminal trespassing is considered a misdemeanor in Louisiana so the penalties are not as severe as a felony.

La. Stat 14:63.3 Entry on or remaining in places or on land AFTER BEING FORBIDDEN. Whoever violates the provisions of this Section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than five hundred dollars or imprisoned in the parish jail for not more than six months or both.