Trespass Laws vs. Serving of Process

In general, all trespass laws apply to serving of process.  Some states a “Registered Process Server” are granted a limited exemption or affirmative defense against trespassing.  According to Kansas Statute 21-371 it is illegal to enter or remain on any land without the owner, tenant or other authorized person’s consent.  There are three basic methods for an owner or authorized person to communicate to the intruder that they are trespassing.  Posting “No Trespassing” signs along the the property line is obviously one way.  Posted signs labeled “Private Property” indicates nothing about keeping anyone off the property.  “No Hunting”, “No Fishing” and “No Swimming” signs bar only those specific activities on the premises.  A “No Trespassing” sign bars everyone.  Another method a landowner can secure his property from trespassers is to fence, enclose or otherwise secure against passage or entry.  Properly posted “No Trespassing” signs along the property line and/or a “secured” property is reason enough not to enter the property.  These two methods are listed in subsection (a) (1) (B):  “…posted in a manner reasonably likely to come to the attention of intruders, or locked or fenced or otherwise enclosed, or shut or secured against passage or entry;…”. Criminal Trespass charges usually involve law enforcement.  In Kansas this is a Class B nonperson misdemeanor, which carries a penalty of no less than 48 consecutive hours of imprisonment and up to six months in jail plus a criminal record.  Civil Trespass is where the owner files a lawsuit against the person accused of trespassing and may be awarded a judgement in the form of monetary damages, a restraining order or both.  Most Civil Trespass lawsuits are initiated when a trespasser has damaged private property.  For a Process Server, the consequences could result in a court case being thrown out due to an improper serve, as well as defending one self in a personal lawsuit.  The third method is when an owner simply orders the process server off the premises.  Subsection (a) (1) (A) reads:  “…Such person enters or remains therein in defiance of an order not to enter or to leave such premises or property personally communicated to such person by the owner thereof or other authorized person; …”.  When there are no postings and no secured premises, it is possible to personally serve the respondent on his property before he orders you off.  Trespassing laws can be very confusing in their interpretation.  When in doubt, it is always best to err on the side of caution and consider alternative means of serving the documents.

This article and all blogs on this website are for your information only and are not to be considered legal advice.