Full question:
In the state of Kansas, is it considered trespassing if a person comes on a rural residence after he has been told to stay off the property? The property in question is being used by my son's ex-wife. The person is a boyfriend of the ex-wife. If it is trespassing what action can be legally taken?
- Category: Real Property
- Date:
- State: Kansas
Answer:
Trespassing occurs when someone enters another person's property without permission. In Kansas, if a person has been told to stay off a property and they enter anyway, it is generally considered criminal trespass. This law is enforced by law enforcement officers, such as police or sheriffs.
Criminal trespass can happen if the person knows they are not allowed to be on the property, especially after being told not to enter. The law states that a person commits trespass if they enter or remain on the property after being ordered to leave (K.S.A. 21-3721).
In addition to potential criminal charges, the property owner may take civil action against the trespasser. This can include seeking damages for any harm caused by the trespass or requesting an injunction to prevent further trespassing. For a civil trespass claim, some damage must have occurred, even if minor.
If the trespasser does not leave when asked, they may face legal consequences. Therefore, it is advisable to document any incidents and consider contacting law enforcement if the trespass continues.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.