Can Utility Companies Trespass On Private Property ?
Anyone getting into private area without legal assurance or the permission of the landowner is guilty of an offence under the Trespass to Property Act and the burden of the evidence is entirely on the lawbreaker. |
The act, in addition, gives the landowner the power to arrest and prosecute the trespassers. But can utility companies trespass on private property?
Some people have legal authority to enter your private property through their profession without the fear of prosecution. Land engineers, electric and water meter reader, sanitary health inspectors, and environmentalist. But before entering your private area, these people must show their identity card to the landowner. Additionally, some government and public utilities companies have the right to use your property. Even so, the land owner can prevent the government or utility company officials from using your land when their actions go beyond what the law allows.
Signs and symbols are a common way to show if a private property is "open" for public use or not. Landowners can use signs such as "No trespassing”, "No Entry" or "Entry Prohibited" to restrict entry into your private area. All signs must be clearly visible in daylight and must conform to the trespass to property act.
In cases of serious, repeated vexation or threatened harm, landowners can inform the law enforcement official or sheriff. Police personnel will usually warn the trespassers to stay away and, if necessary make an arrest. When the trespasser is your next-door neighbor, you may hesitate to bring the police. But sometimes it becomes necessary to take drastic steps to protect your personal property. Civil trespass is a minor offence, but someone convicted of criminal trespass can be fined or put behind the bars for months.
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