Legal Question in Real Estate Law in California

Trespassing

I received a citation for trespassing, but I did not see any signs.

Could you give me any information on how to fight this citation?


Asked on 5/11/03, 4:06 pm

2 Answers from Attorneys

Jason Hsu Una Law Corporation

Re: Trespassing

To be guilty of or cited for trespassing does not require you to see a sign that puts you on notice beforehand. However, that may play into some of your defenses depending on your specific circumstances.

This is general information that I hope has been helpful to you. However, you should always obtain legal counsel familiar with your specific circumstances. We may be able to assist you with your legal issues. If we can assist you in the future, please contact us at www.unalaw.com and somebody will assist you as soon as possible.

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Answered on 5/11/03, 9:03 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Trespassing

The most-likely relevant statute is Penal Code 602.8 (trespass constituting misdemeanor OR infraction), but see also Penal Code section 602 (misdemeanor trespass). There are other code sections dealing with trespass elsewhere.

In general, the sign requirements pertain to vacant land or land that is not enclosed and not under cultivation. If the land is fenced or under cultivation or obviously in use, such as a construction site, signs are unnecessary. Vacant and uncultivated land must be posed at intervals.

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Answered on 5/12/03, 1:36 pm


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