Legal Question in Real Estate Law in California

If someone is on a property without the owner's express permission, it may be trespassing, or it could be one of the many instances of legally-implied permission to enter. There are numerous examples in everyday life. Shoppers at the maill or entering retail stores on Main St. don't have permission except by implication. What about the postman, delivering letters? The meter readers? Various other deliverypersons? And it doesn't end with "implied invitations." Better not tell the city building inspector he's a trespasser when he comes around to see if your water heater is properly equipped with earthquake strapping and a safety valve! Also, licensed surveyors are allowed by statute to enter other people's property to do surveys.

So, there is a small army of people that can come on your private property without an invitation or other form of express permission. None of them fall under the definition of "trespasser."

OK, next, maybe someone is on your property who isn't supposed to be there, either because they are implied invitees such as the postman or legally authorized like the building inspector or the surveyor. Maybe it's kids, taking a shortcut across your lawn on the way home from school, or maybe your neighbor is letting his dog or his tree limbs cross into you back yard. These are trespasses. However, they are not crimes. That's why the police call it "a civil matter" and refuse to get involved. It's not a matter for police jurisdiction.

The proper procedure for someone who is that offended by someone else's trespassing is to figure out what your damages are, and file a civil lawsuit alleging "trespass to land" as your cause of action. You then need to serve the lawsuit and summons on the offending party. many months later, your case will go to trial. It will cost thousands of dollars. You might win. Winning might stop the trespassing, If you are lucky, you'll be able to collect some, possibly all, of the damages you sued for. It might cover a small percentage of your expenses.

A suit for trespass is not a suit for eviction. A third species is a suit for ejectment - might be better than trespass or eviction in the case of a never-was-tenant.

A former tenant does not become a trespasser when their initial possession was under a lease or rental agreement, by the way.