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No Trespassing Signs?

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DreamDancer

Junior Member
What is the name of your state (only U.S. law)? Illinois
The Sheriff came to our small lake village to talk about the Neighborhood Watch Program. Numerous people here have had problems with people coming on their property. The problems stem from fishing mostly. When asked, the Sheriff said that unless a homeowner has "No Trespassing" signs, the person coming on the property is not trespassing. There is nothing in the Ordinances that allow people to cross into others property. All banks are deemed private out to 4' into the water by Ordinance.

Is what the Sheriff said true? Do I have to put up No Trespassing signs in order to legally keep people off my property?
 


A person does not commit a trespass unless the person knows they are not welcome. So, yes, the sheriff was correct. Its either a) signage or b) a notice of trespass letter usually
 

Zigner

Senior Member, Non-Attorney
Back-up? Its common knowledge.
You made a statement...one that I believe may very well be wrong from a legal standpoint. Please provide something to back up your statement. If your entire basis for the statement is "common knowledge", then I will simply assume that you are wrong. If you CONTINUE without backing up your statement, it will show that you are intentionally providing false information.

ETA: To be fair, your statement is partially correct, and I'm giving you the opportunity to clarify ;)
 
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OHRoadwarrior

Senior Member
Got yer back FA.

720 ILCS 5/21‑3

(720 ILCS 5/21‑3) (from Ch. 38, par. 21‑3)
(Text of Section from P.A. 97‑184)
Sec. 21‑3. Criminal trespass to real property.
(a) Except as provided in subsection (a‑5), whoever:
(1) knowingly and without lawful authority enters or

remains within or on a building; or
(2) enters upon the land of another, after receiving,

prior to such entry, notice from the owner or occupant that such entry is forbidden; or
(3) remains upon the land of another, after receiving

notice from the owner or occupant to depart; or

(3.5) presents false documents or falsely represents

his or her identity orally to the owner or occupant of a building or land in order to obtain permission from the owner or occupant to enter or remain in the building or on the land;
commits a Class B misdemeanor.
 

Zigner

Senior Member, Non-Attorney
(Scratches head) Obviously. :confused::)
There is more than one type of trespass. I will grant this this does not seem to rise to the level of criminal trespass. But I'm not so sure that it wouldn't rise to the level of civil trespass. I was simply giving FA a chance to clarify his overly-broad statement.
 

JustAPal00

Senior Member
OK. I knew there was civil trespass, I just thought we were only talking about criminal.
Yeah, wouldn't there have to be some kind of loss by the OP in order for there to be a civil tresspass suit? What the OP asked would best be handled by creating a criminal tresspass situation!
 

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