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North Carolina
Notice to Trespasser to Personal Property for Reimbursement for...

North Carolina Notice to Trespasser to Personal Property for Reimbursement for Damage due to Trespass

Category:

Civil Actions - Notices

State:

Multi-State

Control #:

US-02586BG

Format:

Instant download

Description

Trespass to personal property may be defined as intentionally dispossessing another of the property, or using or intermeddling with the property in the possession of another. One may be guilty of such trespass under the following conditions:

" He dispossesses the other of the property, or

" The property chattel is impaired as to its condition, quality, or value, or

" The possessor is deprived of the use of the property for a substantial time, or

" Bodily harm is caused to the possessor, or harm is caused to some person or thing in which the possessor has a legally protected interest.

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How to fill out Notice To Trespasser To Personal Property For Reimbursement For Damage Due To Trespass?

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FAQ

North Carolina law gives two ways to let people know you don't want them there. ?The owner or lessee of the property may place notices, signs, or posters on the property.? ?The owner or lessee of the property may place identifying purple paint marks on trees or posts around the area to be posted.?

Taken directly from N.C.G.S. 14-159.7 you may: ?place notices, signs, or posters on the property. The notices, signs or posters shall measure not less than 120 square inches and shall be conspicuously posted on private lands not more than 200 yards apart close to and along the boundaries.

Trespassing in North Carolina can be defined as simply entering the private property of a landowner or a legally permissible occupant, without their permission or by violating clearly posted signage stating no trespassing. Several factors can escalate a simple misdemeanor trespass charge to a felony.

(3) Position of peril. ? A possessor may be subject to liability for physical injury or death to a trespasser if the possessor discovered the trespasser in a position of peril or helplessness on the property and failed to exercise ordinary care not to injure the trespasser.

To be found guilty of first-degree trespass, a person must have entered or remained on the property or building of another that was secured or enclosed in a manner that showed the owner's intent to keep out intruders. This is a Class 2 misdemeanor with a possible sentence of up to 60 days in jail and a $1,000 fine.

What is Domestic Criminal Trespass. Domestic criminal trespass is governed by North Carolina Statue § 14-134.3. In essence, this law prohibits unwarranted entry to a premises occupied by a former spouse or by a person with whom the person charged has lived as if married.

To prove guilt of first degree trespass, the prosecution must prove that the defendant entered or remained on the property of another person without their permission. Additionally, the intruder entered an enclosure that was secured with the intent to keep intruders out.

degree trespass is defined as a Class 3 misdemeanor that can cause up to 20 days in jail and a $200 fine. If the intruder is found on the property and stays on the property after the owner has asked them to leave, this would be defined as second degree trespass.

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