Alabama Trespass on Realty Complaint
About this form
The Trespass on Realty Complaint form is a legal document used to initiate a lawsuit against an individual or entity that has illegally entered onto your property. This form details the circumstances of the trespass and outlines the damages the property owner seeks, which may include both compensatory and punitive damages. This form is specifically tailored for use in Alabama and is distinct from other forms such as notice letters or eviction documents in that it focuses solely on formal complaints regarding trespassing incidents.
Main sections of this form
- Identification of the plaintiff and defendant, including their legal residences.
- Date and description of the trespass incident.
- Specification of the damages incurred as a result of the trespass.
- A demand for judgment that includes details of the compensation and damages sought.
- A request for a trial by jury.
When to use this document
This form is useful in situations where an individual or entity has unlawfully entered your property, causing damage or distress. It is appropriate to use this form when you have evidence of the trespass and you are seeking legal remedies through the court system. Common scenarios include disputes with neighbors over property boundaries, unauthorized access by construction workers, or other incidents where your right to enjoy your property has been violated.
Intended users of this form
- Property owners or renters in Alabama who have experienced trespassing on their land.
- Individuals who seek formal legal recourse for damages caused by trespassers.
- Anyone intending to file a complaint in circuit court and needing a structured legal document.
How to prepare this document
- Identify and enter the names and addresses of the plaintiff and defendant.
- Fill in the civil action number provided by the court.
- Specify the date and details of the alleged trespass.
- Describe any damages incurred as a result of the trespass.
- Sign the document with your attorney's information if applicable, and prepare it for filing with the court.
Does this document require notarization?
Notarization is not commonly needed for this form. However, certain documents or local rules may make it necessary. Our notarization service, powered by Notarize, allows you to finalize it securely online anytime, day or night.
Common mistakes to avoid
- Failing to provide complete and accurate information about the defendants.
- Not detailing the damages clearly, leading to confusion in court.
- Omitting to check the jurisdictional limits of the court in Alabama.
- Neglecting to include the request for a jury trial if desired.
Why use this form online
- Instant access to professionally drafted legal templates tailored to your needs.
- Easy to download and fill out, allowing for quick modifications as needed.
- Confidence in the reliability and legality of documents prepared by licensed attorneys.
Legal use & context
- This form serves as a formal complaint to initiate legal action against a trespasser.
- It establishes the grounds for seeking damages in accordance with Alabama law.
- Filing this complaint is necessary to enforce property rights and seek legal remedies.
Summary of main points
- The Trespass on Realty Complaint form is essential for property owners seeking legal action against trespassers.
- Properly filling out the form and following Alabama's legal procedures is crucial for success in court.
- Be clear and detailed when describing the trespass and any damages incurred.
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FAQ
Because trespass is a violation of someone's property rights, a property owner can sue a trespasser for money, even if the trespasser didn't cause any harm. (If the trespasser's presence didn't hurt anyone or damage property, though, the plaintiff will likely only be able to recover nominal damages.)
Criminal trespass in Alabama occurs when someone remains or enters unlawfully upon the premises of another. Criminal trespass and Alabama is either first,second, or third degree.Criminal trespass in the first-degree is a Class A misdemeanor which may be punishable by fine and the jail sentence of up to one year.
If a lodger in California refuses to leave after 30 days, they can be kicked out without going through a court-ordered eviction process, because after the 30-day mark, they are officially trespassing. At this point, you could call the police.
The three torts that emerged from the concept of trespass to the person assault, battery and false imprisonment are actionable per se that is without proof of damage (although if the wrongful act, does result in injury, damages can be recovered for that injury as well).
Some circumstances do justify taking immediate action rather than calling the police. Some do not. In most instances, you can use non-deadly reasonable force to remove someone from your property.You have to give the person some reasonable amount of time to get off your property.
Politely ask the trespassers to leave as soon as you become aware of them. Contact the local police as they might be able to remove the trespassers without having to go through the courts process.
Notices to prohibit criminal trespass must be posted on durable signs with words describing the prohibited activity, such as No Hunting or Trespassing, written in block letters no less than two inches tall, and include the name and address of the landowner or lessee.
Trespass is an area of criminal law or tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land.
Report to The Police The first line of action should be to report to the sheriffs or the police department if someone trespasses on your property. You will need to identify the person and describe the trespasser to law enforcement.