TexasCHLforum.com

C-dub wrote:

dicion wrote:I think it could be argued that your front lawn, with a lack of a fence and/or signs, would be construed as 'effective consent'. Eg, you didn't do anything to Prevent them entering it.
If that was the case, then every solicitor that comes to my door could be arrested for trespassing. (Oh, How I wish that were true!)

Dicion, either you confuse me or you mistyped this. How can the lack of a fence and or signs be construed as effective consent? How can not doing anything to prevent someone from entering be construed as effective consent?

srothstein detailed it much better than I could ever have ;)

So Everyone (who can..) make sure you put up 'no trespassing' signs, and put a plastic chain across your driveway ;)

XtremeDuty.45 wrote:Sec. 30.05. CRIMINAL TRESPASS. (a) A person commits an offense if he enters or remains on or in property, including an aircraft or other vehicle, of another without effective consent or he enters or remains in a building of another without effective consent and he:

(1) had notice that the entry was forbidden; or

(2) received notice to depart but failed to do so.

IIRC, W/O effective consent = they tresspass unless they have my permission to come on or in my property. In order to tresspass in a building (NOT a dwelling) it must be posted but property does not.

I think it could be argued that your front lawn, with a lack of a fence and/or signs, would be construed as 'effective consent'. Eg, you didn't do anything to Prevent them entering it.
I don't know. Excal? srothstein? Other people with LEO experience?

If that was the case, then every solicitor that comes to my door could be arrested for trespassing. (Oh, How I wish that were true!)

XtremeDuty.45 wrote: Sec. 30.05. CRIMINAL TRESPASS. (a) A person commits an offense if he enters or remains on or in property, including an aircraft or other vehicle, of another without effective consent or he enters or remains in a building of another without effective consent and he:

(1) had notice that the entry was forbidden; or

(2) received notice to depart but failed to do so.

SO...IIRC my front yard is not a "public place" due to the fact that the public does not have access without committing an offense of criminal tresspassing.

Negative.

You missed the 'And he' above. Which means BOTH a and a(1), or a(2) have to be true.

So, unless you post a sign, or tell everyone walking by your house that they cannot come on your property, which satisfies #1, it is not trespass.
If you have a sign, then yes.

If they don't have notice that it's forbidden, and you don't TELL them, then it is not trespass. Once they receive notice, or you tell them, and they enter, or do not leave, THEN it is.