Or is saying legally/illegally a non needed word in most circumstances sinc th act of trespass is considered an illegal activity?
By legally trespassing, they mean that it fits the legal definition of trespassing. Like legally blind, or legally insane.
When someone says someone is legally trespassing read it as “legally [speaking they are] trespassing”. At least in most cases.
Pedantic tangent:
You could lawfully trespass on the land of another (with permission). There’s 4 elements to the tort of trespass to land. 1) You act volitionally. 2) You intend to occupy that space, are substantially certain that will happen as a result of your actions, or you intend another intentional tort granting transfered intent. 3) But for your act their property wouldn’t have been invaded. 4) Their property has been invaded.
In civil law a trespass to land doesn’t consider whether you have permission or not to determine if you trespassed. They would determine that you did infact trespass but you have the defense of having done so with the privilege to do so granted by the owner. Meaning you did trespass but did so only in a manner appropriate under law.
Can’t wait to use phrases like “He was legally stealing a car” or “That guy was legally murdered”.
Legally, they’re trespassing.
I believe it’s unillegally trespassing
In the UK there is a split between England and Wales and Scotland. “southern” UK trespass is a civil offence. Scotland it is criminal.
So in southern UK trespassers will most definitely not be prosecuted (the railway and power plant property are, iirc, the two exceptions because they have by-laws) but may be sued for damages, in Scotland they can be prosecuted.
Scotland has “right to roam” legislation though, so there are a lot more places where you are not actually trespassing.
A trespasser is trespassed from a property by law enforcement at the request of the property owner. This is called a criminal trespass.
Illegally trespassing would be an informal term, and legally or criminal trespassing would the the legal term to describe the act of staying on private property after they have been warned/asked to leave. If you are trespassing in a legal or allowed way, then it is not trespassing.
In most places, a property owner must ask law enforcement to trespass the person off of the property before someone is considered legally or criminally trespassing. In most places a warning, either verbal or by sign or other means, must be given before a person can be criminally trespassed, but that is not automatic as the property owner may choose to not enforce it.
A trespasser is trespassed from a property by law enforcement at the request of the property owner. This is called a criminal trespass.
(snip)
In most places, a property owner must ask law enforcement to trespass the person off of the property before someone is considered legally or criminally trespassing. In most places a warning, either verbal or by sign or other means, must be given before a person can be criminally trespassed, but that is not automatic as the property owner may choose to not enforce it.not true. I work in contract security training guards. have for years.
Trespassing generally only becomes illegal/criminal when the trespasser becomes aware that they are in fact trespassing. For examples, somebody wandering onto private property from public property, they could become aware of the fact. For example, if you have to jump a fence to get to where you were, or you passed a ‘no trespassing’ sign, or if someone is telling you you’re trespassing; or, for example, you’re there to vandalize stuff, or maybe shoplift.
The act of “trespassing” somebody is simply informing someone that they’re presently trespassing. You don’t have to be a cop to trespass someone; property owners have the right (and, generally, the obligation,) to control whose accessing their property and for what purposes. you can be asked to leave by a property owner or the agents thereof at any time, and that act of being asked is called “trespassing”.
As for when it can be enforced… that’s when the person is aware of their presence being unwelcome. Doesn’t matter if the property owner is there or not, exactly. no warnings have to be given, for example, if it’s reasonable that someone shouldn’t be there. for example, you intrude into a nuclear facility, we’re cuffing you up and handing you off, no warnings given. Similarly, if a group is throwing a kegger in a private parking lot, it’s generally unsafe to go out and warn the group.
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Trespassing should never be illegal if you are “trespassing up,” meaning you are trespassing on the land of someone with more wealth than you.
