Trespass to land is an unjustifiable interference with the possession of land. Trespass to land is an unjustifiable interference with the possession of land. It is actionable whether or not there is damage to the land, and whether or not the trespasser intended to trespass.
Montana Notice to Trespasser Requesting that Trespassing be Discontinued
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How to fill out Notice To Trespasser Requesting That Trespassing Be Discontinued?
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A person convicted of the offense of burglary shall be imprisoned for a maximum of 20 years, be fined a maximum of $50,000, or both. A person convicted of the offense of aggravated burglary shall be imprisoned for a maximum of 40 years, be fined a maximum of $50,000, or both.
A person is justified in the use of force or threat to use force against another when and to the extent that the person reasonably believes that the conduct is necessary to prevent or terminate the other person's trespass on or other tortious or criminal interference with either real property, other than an occupied ...
Under Section 45-6-201 of the Montana Code (MCA), if a landowner fails to post a no-trespassing notice, entering the property is not technically trespassing (at least until you refuse to leave after the owner tells you to vamoose).
45-6-203. Criminal trespass to property. (b) enters or remains unlawfully in or upon the premises of another. (2) A person convicted of the offense of criminal trespass to property shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.
45-6-203. Criminal trespass to property. (b) enters or remains unlawfully in or upon the premises of another. (2) A person convicted of the offense of criminal trespass to property shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.
A. MCA 45-6-203. Criminal trespass to property. (1) Except as provided in 15-7-139 and 70-16-111, a person commits the offense of criminal trespass to property if the person knowingly: (a) enters or remains unlawfully in an occupied structure; or (b) enters or remains unlawfully in or upon the premises of another.
The tort of trespass to land occurs when a person intentionally enters another's property without permission. The only intent required for this claim is the intent to enter the property. So even if your neighbors accidentally cross from their property into your lot, they can be liable for trespass.
45-6-201. Definition of enter or remain unlawfully. (1) A person enters or remains unlawfully in or upon any vehicle, occupied structure, or premises when the person is not licensed, invited, or otherwise privileged to do so.
