Owning property in this country is one of our basic rights and should not be taken for granted. In this country, any person who is of legal age can own land. As part of that ownership, the landowner can reasonably expect that no one may enter the property without permission.
Criminal trespass in the first degree is legally described as a gross misdemeanor, which involves knowingly entering the property of another without first gaining permission. Trespassing while hunting is also punishable as a game violation, which could result in the loss of one’s hunting privileges for up to two years. In Washington State, property is not required to be posted or delineated by landmarks such as fences.
When a home or property is for sale, we often see people trespassing. Brokers frequently post sign riders on “For Sale” signs that specify “Showing By Appointment Only.” While that posting designates specific access limitations, the lack of such signage does not indicate free-reign access. On properties without such signage, permission must still be granted before any access is legal.
Buyers, window shoppers, and curious neighbors should always be careful to avoid becoming trespassers on listed properties. Since the broker is an agent of the seller, they are able to grant permission for access based on the seller’s contracted showing instructions. Therefore, a call to the listing or selling broker is always required before a viewing can occur, even when the property is vacant land. A “For Sale” sign is not permission to access a property.
Each year, when hunting season comes around, many careless hunters find their way onto private property without permission and seem to think that because “they’ve been hunting there for years,” it is acceptable to trespass. It is also trespassing to access private property through railroad rights-of-way or electrical transmission line rights-of-way.
Another common form of trespassing occurs when someone crosses a property line and harvests timber, firewood, or even a Christmas tree from someone else’s property. This is punishable by treble damages, meaning that the landowner can recover three times the value of the lost timber.
Remember to always get permission before accessing somebody else’s property, even if it is listed for sale. The best practice, if you want to look at a property that is for sale, is to contact your real estate broker to schedule a showing or contact the listing broker to get permission before entering the property.