Full question:
Can I be found guilty of criminal trespassing if I am on the deed to the home?
- Category: Real Property
- Subcategory: Trespassing
- Date:
- State: Texas
Answer:
Your potential guilt for criminal trespassing depends on whether there is an order preventing you from being on the property. Under Texas law, a person commits criminal trespass if they enter or remain on someone else's property without effective consent, and:
- They had notice that their entry was forbidden, or
- They received notice to leave but did not do so.
Notice can be communicated in various ways, including:
- Oral or written communication from the owner or an authorized person;
- Fencing or enclosures designed to exclude intruders;
- Signs indicating that entry is forbidden;
- Visible purple paint marks on trees or posts; or
- The presence of crops under cultivation.
If you are on the deed, you generally have a right to be on the property unless there are specific legal orders against you. If you have received notice forbidding your presence, you may be found guilty of trespassing (Tex. Penal Code § 30.05).
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.