This is a sample complaint filed in circuit court alleging trespass on realty. The remedies sought include compensatory and punitive damages.
Alabama Trespass on Realty Complaint
Category:
State:
Alabama
Control #:
AL-1015A
Format:
Word;
Rich Text
Instant download
Description Trespass Letter
Free preview Trespass Notice
How to fill out How To Trespass Someone In Alabama?
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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.