Originally Posted by vince24L
Is trespassing a misdemeanor in SC or is it basically just a fine and slap on the wrist?
it may depend on what type.....repeat offenders would surely get more than a one time warning.
ex: I saw a vacant house and did some research and found out it was a foreclosure. I went back and parked in the drive and looked around. I asked the neighbors how long the owner had been gone, etc.
Someone on an un-named forum said "you are lucky the neighbors did not call the police". I ask why? I could be the real estate agent, the owner, or a cop myself. The neighbors saw who I was so I was more worried about the color of my socks than whether I was going to get arrested for trespassing.
ex: I am looking at another house for sale by a bank. One of the neighbors, a minister, has been parking on the side of the lot for 20 years and I guess that is not trespassing or stealing. In fact someone said the fact that he has parked there so long without permission means he can park there going forward, some implied possession or easement laws.
ex: squatters, people who enter vacant houses at night to sleep are surely subject to trespassing.
ex: from another forum:
What are South Carolina's Trespassing Laws? How can a landowner protect themselves from aggressive hunter trespassing"?
We live in the country and my question is if we placed no trespassing signs all along our property. Would there be a procedure to follow to ensure the signs mean enforcement of the law (i.e. do we have to wait any period of time before the signs "take effect")?
My name is XXX XXXXX and I'm an attoreny in XXXXX. Believe it or not, there are 23 separate Trespassing statutes in South Carolina. The one that fits your problem is Section 16-11-620. It explains that there are two ways in which one can commit the crime of Trespass.
One, is Trespassing after being notified not to. Usually this is with signs, but can also be a verbal warning (which can be hard to prove), and it can also be done with certified mail.
The second type of Trespass is when they are already on your property and you ask them to leave and they do not.
No, you do not have to wait a certain period of time before the signs take affect. They are fully enforceable the second you hammer the last nail. If someone then Trespasses, you need to immediately call the police. Unfortunatley, the police are given wide discretion in these matters and its possible that they may simply instruct the people to leave and not come back. Then if they return they are certain to be cited for Trespass. If the police come and just issue a warning, make sure you ask for a police report.
You should know that its perfectly legal to photograph your own property and even video tape it.
You should also know that if these people should damage your property in any way, or if they engage in any activity that is illegal, then there are additional criminal statutes that apply to that as well.
so, are you asking about
1. lookers at a vacant house = ME
= slap on wrist I'd assume (& hope)
2. clergy parking on your land
= implied possession....?
3. squatters in your place at night = no slap on wrist, off 2 jail 4 the night
4. hunters on your land - maybe a warning - firm warning
Concerning the minister who has trespassed for 20 years, my real estate agent says no judge would allow him to continue. A person should have the full rights to their entire lot.