Trespassing And Purple Paint By John Allen Nichols Agriculture Counsel Alabama Farmers Federation
conduct requires proof the potential trespasser knew or should have known they were on someone else’s property and requires notice of the property lines. andowners have an inexpensive Historically, “No Trespassing” signs method to warn would-be provided such notice. Under Alabama trespassers, thanks to a law passed by law, those posted signs the Alabama Legislature in remain a valid notification. 2016. Known as the “Purple However, the purple paint Paint Law,” it was fashioned rule provides landowners a after laws from several second option. other states in an effort to If property is properly discourage trespassers. marked with purple To properly mark paint or posted with “No property with purple paint, Trespassing” signs, it can Alabama Code § 13A-7-1 then be assumed anyone requires: entering the property a. Vertical stripes at least Nichols knew it was someone else’s 8 inches tall and at property, even if they claim to not have least 1 inch wide; seen the sign. Purple paint markers are b. The bottom of the stripe must sufficient to establish the “knowing” or be at least 3 feet from the “willful” component of the trespassing ground but no higher than 5 offense. feet from the ground; Landowners should remember c. The marks must be 100 feet or establishing “notice” is only the first step less apart on forestland and in pursuing a trespassing claim. With less than 1,000 feet apart on purple paint, landowners can satisfy this non-forestland. requirement efficiently without investing An essential element of trespass in signage. offense is the trespasser enters a property that is not their own “willfully” The material presented above is or “knowingly”. Conduct that is willful meant for educational purposes only. or knowing requires the trespasser be The content does not constitute legal aware he is entering property that does advice. If readers require specific advice not belong to him or her. or services, a legal or other professional Establishing willful or knowing should be consulted.
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NEIGHBORS
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June/Summer 2021
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