Trespassing laws are fundamental to understanding each your individual property rights and the property rights of others.
Whether you must know what you possibly can do about people arriving on or near your land or you must know exactly what the boundary is when you’re hunting or camping, studying trespassing laws in your house state will let you know what i want to know.
However, the situation is complicated by the proven fact that many states have laws that aren’t entirely easy to grasp, and the laws and penalties for breaking them vary widely across the country.
New Hampshire’s laws are generally clear and to the purpose, but there are a couple of concepts it is advisable to find out about, particularly fencing or signage requirements, depending on the form of property you are attempting to protect.
The remainder of this text will let you know all the pieces it is advisable to find out about trespassing laws in New Hampshire…
Overview of New Hampshire encroachment law
- Trespassing is usually a misdemeanor in New Hampshire, although repeated violations or any misdemeanor that causes significant damage could also be considered a felony.
- Fencing or posted signage is mostly required in New Hampshire for optimum protection from intruders.
- New Hampshire has specific signage requirements, particularly the spacing of signs across the perimeter of the property, at entry points, and the dimensions of letters on the sign.
What constitutes trespass in New Hampshire?
The state of New Hampshire defines a criminal offense as entering or being in anywhere, premises, constructing or vehicle when the person doing so knows that she or he doesn’t have a license or privilege.
Trespassing in New Hampshire is generally a misdemeanor in all cases, nonetheless, subsequent misdemeanors or any misdemeanor that causes damage to a different person’s property in excess of $1,500 could also be considered a felony.
Everything it is advisable to know concerning the strict definition of a misdemeanor offense in New Hampshire and all related circumstances will be present in 635:2 state statutes.
The most relevant parts are copied below to your perusal:
I. An individual is guilty of a criminal offense if, knowing that he isn’t authorized or privileged to achieve this, he enters or resides in anywhere.
II. A criminal misdemeanor is a misdemeanor for the primary offense and a Class B felony for every subsequent offense if an individual knowingly or recklessly causes damage in excess of $1,500 value of one other person’s property.
III. A tax offense is a misdemeanor if:
(a) the intrusion is in an occupied constructing as defined in RSA 635:1, III; Or
(b) An individual knowingly enters or stays:
(1) In secure premises;
(2) in anywhere contrary to an order to depart or a ban on entry given to him personally by the owner or other authorized person; Or
(3) In anywhere contrary to any court order prohibiting him from entering such place, as long as he has been duly notified of such order.
IV. Any other criminal offense is a violation.
V. In this section, “secure facility” means anywhere that’s positioned in a fashion prescribed by law or in a fashion that may attract the eye of intruders, or that’s fenced or otherwise surrounded in a fashion intended to exclude intruders .
VI. In this section, “property”, “other person’s property” and “value” have the meanings defined in RSA 637:2, I, IV and V, respectively.
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Does New Hampshire require “No Trespassing” signs?
No, not within the strict sense of the word. New Hampshire doesn’t require no trespassing signage for the law to guard property owners from trespassers, posted signage as required on this regard does count as trespassing property in the identical way as erecting a fence, wall or other entry barrier doesn’t.
Willful trespassing charges on booked land are much worse than trespassing on unclaimed land, so if you happen to want maximum protection from trespassers, especially if you happen to’re going to press charges, you may definitely wish to book your land if you happen to don’t put up a fence.
It’s also value noting that New Hampshire has a reasonably specific set of necessities for the position of this signage, all the pieces from font size and specific wording to placement of signs across the perimeter, including conspicuously placing them at natural or artificial entry points.
See section 635:4 for full details:
635:4 Prescribed approach to sending. – An individual may post his land to ban criminal trespass and physical activity by posting signs of durable material with any words describing the prohibited physical activity, comparable to “No Hunting or Trespassing”, printed in capital letters not lower than 2 inches high, and the name and address of the owner or lessee of such land. Such signs shall be posted not greater than 100 yards apart on all sides, and shall be posted at gates, gratings and customary entrances. This section doesn’t prevent any owner from completing the language required on this section.
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Is a fence required to guard property?
Again, this isn’t explicitly required, but increases the severity of trespassing charges if someone trespasses after having bypassed or climbed a fence or other entry obstruction.
Please review 635:2 for relevant information on fencing.
What other signs indicate “no trespassing”?
Nothing. Unlike another states that allow property to be marked with orange or purple paint in strategic locations, in New Hampshire it’s signage, fencing, or direct oral or written notice of a possible intruder.
While there are a lot of individuals who may know what these markings mean, they don’t have any legal force in New Hampshire and may only be used for convenient marking and reference to property boundaries.
Can Attorneys Ignore No Trespassing Signs?
Generally not, although in suburban areas it isn’t unusual.
Most states have a law that may protect against trespass charges if the one who entered the property did so by in search of the owner by essentially the most direct route to acquire permission.
An attorney who knocks in your door and asks if you may have a couple of minutes to hearken to their speech would likely be protected by such legal precedents.
That said, solicitors can never bypass a locked gate or fence to achieve access to your property.
Something to take into account if you happen to want your property to be quiet and distraction free!
Can trespassing end in an arrest in New Hampshire?
Yes, it definitely can. Unless trespassing is taken into account a traditional offense and carries a tremendous, any misdemeanor or felony charge can and can likely end in arrest.
This must be kept in mind if someone is trespassing in your property, but in addition if there’s any probability that you simply unintentionally trespass on another person’s property while traveling around the globe.
For this reason, it is crucial to grasp all exceptions and make sure that you never trespass on another person’s property regardless of what you do.
Can you sue someone for trespassing?
Yes, absolutely. Especially in cases like this where damage has been done to your property or fence, or someone has grossly infringed your property rights, you possibly can actually take your case to court.
Special Intrusion Cases in New Hampshire
New Hampshire has a surprising number of specialised trespassing laws, but perhaps essentially the most significant one for the typical person is that if you happen to lose control of your livestock,
If your sheep, goats, cattle, horses, pigs, chickens or other domestic fowl enter another person’s property causing damage, chances are you’ll be charged with trespassing.
Read about it in 635:3:
635:3 Intrusion right into a flock or domestic fowl. – If any person having the custody or care of any sheep, goats, cattle, horses, pigs or domestic fowl will knowingly, recklessly or negligently suffer or allow them to enter, pass or remain on any improved or enclosed land of one other without written consent owner, resident or his agent, and thereby harms the owner’s crops or property, such person is guilty of infringement. Complaints must be directed to law enforcement or local animal control officers who will implement this section.
