Not So Cool: Q&A About Trespassing
By: Mike McNamara

In the warmer months in Austin, you’ll do just about anything to cool off with your friends.  Many times this involves swimming in a lake, pool, or stream.  Sometimes getting to the water can be the most difficult part of cooling down.  We all need to be very careful about how we get access to water, because if you’re not careful you might even commit a crime in the process. 

Here are some Questions and Answers that will help you to understand why we need to be extremely careful about venturing onto private property without permission, even if it’s just to cool down a bit. 

Q: What is it called when someone enters private property without permission?
A: It is called trespassing. 

Q: What is trespassing?
A: Trespassing is a crime of unlawfully entering another person’s property without permission or authority.

Q:  What are the consequences of trespassing?
A:  In Texas, trespassing is a crime, punishable by the following:
(1)  a fine not to exceed $2,000;
(2)  confinement in jail for a term not to exceed 180 days;  or
(3)  both the fine and confinement.

Q: Why is trespassing wrong?
A: Trespassing is wrong because:
(1) It is not your property. Someone else owns it and this means that they are legally entitled to enjoy their property without other non-owners entering or interfering with it.  If you enter the land without the owner’s permission, it is almost like you are stealing something from them. 
(2) It is against the law.

Q: Why do landowners care if people trespass?
A: Landowners care about people trespassing because it interferes with their right to enjoy the property that they own.  Also, once you set foot on private property, the landowner may be legally responsible for you even if the owner doesn’t know you are there.  For example, if you break a leg on their property, the landowner may be responsible to pay for your medical care.

Q: What can a landowner do to protect himself from being responsible for injuries that occur on his property from trespassers?
A: Under Texas law, if the landowner fences his property and/or posts signs on the property that warn against trespassing, the landowner will probably not be responsible for injuries that occur to trespassers. 

Q. Is trespassing a crime even if I don’t know I’m trespassing?
A. Yes, it is trespassing if there is visual or verbal evidence that you are not supposed to be on the landowner’s property. For example, if there is a fence or private property signs or you have been told not to be on that property, you are trespassing.

Q. What if the fence or signs have been torn down by trespassers?
A. Tearing down fences or signs on another person’s property is a very serious crime in Texas punishable by up to two years in prison and a fine not to exceed $10,000. 

Obviously, trespassing is a very serious criminal offense that can get you into a lot of trouble.  We all need to understand the law and understand what can happen to us if we are caught trespassing.  So next time you want to cool down with your friends, make sure that you are getting to a lake, pool, or stream without trespassing.