Tennessee’s gone purple
Recent legislation has made posting for no trespassing a bit easier for landowners. (see section (c)(2) below)
Effective July 1, 2017, rather than buying no trespassing signs, a landowner only needs a can of paint. I don’t see that there is a specific color purple, but I would guess that, like Missouri and Arkansas who have had this in place for decades, there will eventually be a specific blend. For now, you only need to paint a purple (any purple) stripe at least 1″ wide and 8″ long between 3 and 5 feet of the ground.
Having painted a lot of trees in my time out west, I can say that the 1″ thing isn’t going to be a problem. It would appear that the average width of a t-post would meet this requirement. Now, before you drive your new fence posts, you can dip them in 10″ of paint and voila, instant no trespassing posting.
Of course, we surveyors are still immune to trespass prosecution… (see Tenn. Code Ann. § 62-18-124 below)
39-14-405. Criminal trespass.
(a) A person commits criminal trespass if the person enters or remains on property, or any portion of property, without the consent of the owner. Consent may be inferred in the case of property that is used for commercial activity available to the general public or in the case of other property when the owner has communicated the owner’s intent that the property be open to the general public.
(b) It is a defense to prosecution under this section that:
(1) A person entered or remained on property that the person reasonably believed to be property for which the owner’s consent to enter had been granted;
(2) The person’s conduct did not substantially interfere with the owner’s use of the property; and
(3) The person immediately left the property upon request.
(c) The defenses to prosecution set out in subsection (b) shall not be applicable
to a person violating this section if the property owner:
(1) Posts the property with signs that are visible at all major points of
ingress to the property being posted and the signs are reasonably likely to come
to the attention of a person entering the property; or
(2) Places identifying purple paint marks on trees or posts on the
property. If purple paint is used, then purple paint must be vertical lines of not
less than eight inches (8″) in length and not less than one inch (1″) in width;
placed so that the bottom of the mark is not less than three feet (3′) or more than
five feet (5′) from the ground; and placed at locations that are reasonably likely to
come to the attention of a person entering the property.
(d) For purposes of this section, “enter” means intrusion of the entire body or when a person causes an unmanned aircraft to enter that portion of the airspace above the owner’s land not regulated as navigable airspace by the federal aviation administration.
(e) Entering or remaining on railroad or utility right-of-way property by an adjoining landowner for usual and customary activities of the type defined in งง 1-3-105(2)(A)(i) and (ii), (B) and (C) and 43-1-113(a), (b)(1)(A) and (B), (b)(2) and (b)(3) shall not be considered trespass under this section. This subsection (e) shall not apply if the railroad or utility right-of-way owner, by a personal communication or posting at the site by someone with either actual authority or apparent authority to act for the railroad or utility right-of-way owner, has communicated to the adjoining landowner that the activity is not permitted.
(f) (1) The secretary of state shall establish a no trespass public notice list identifying employers in this state who have requested established private property rights to be recognized and recorded against a trespasser under subsection (a).
(2) To be included on the list, an employer shall provide to the secretary of state copies of appropriate documents that establish the employer’s private property rights, including the address and legal description of the property to which it has legal control. An employer that records its private property rights shall pay a recording fee as determined by the secretary of state.
(3) Beginning January 15, 2015, and every January 15 and July 15 thereafter, the secretary of state shall:
(A) Make the list available to the public in the office of the secretary of state and publish the list on the web site maintained by the secretary of state; and
(B) Distribute the no trespass public notice list to every law enforcement agency in this state.
(4) Publication of the no trespass public notice list as prescribed in subdivision (f)(3) establishes a presumption that members of the general public have notice of the establishment of private property rights of all employers and properties listed.
(5) Each law enforcement agency in this state shall maintain the most recent no trespass public notice list received from the secretary of state for its use in responding to complaints of criminal trespass under subsection (a). If a property is identified on the list, the responding law enforcement officer:
(A) Is not required to further establish an employer’s property rights before taking action against a person committing criminal trespass; and
(B) May take appropriate and lawful action against a person committing criminal trespass to have such person leave the property or cease blocking ingress to or egress from the property.
(6) If the employer’s property is listed on the no trespass public notice list, an owner may seek an expedited injunction to restrain repeated or continuing trespass.
(7) This subsection (f) shall not affect or limit any existing rights of an owner whose property is not included on the no trespass public notice list.
(g) Criminal trespass is a Class C misdemeanor.
62-18-124. Right-of-entry — Liability — Notice to landowners — Injunctions.
(a) A professional land surveyor, the professional land surveyor’s agents, employees and personnel under the professional land surveyor’s supervision, may go on, over and upon the lands of others when necessary to perform surveys for the location of property corners, boundary lines, rights-of-way and easements, and, in so doing, may carry with them their customary equipment and vehicles.
(b) A professional land surveyor, the professional land surveyor’s agents, employees and personnel under the professional land surveyor’s supervision entering the lands of others under the right granted by subsection (a), and doing no unnecessary injury, are liable only for the actual damage done, and, if sued in such case, the plaintiff shall recover only as much costs as damages.
(c) Nothing in this section shall be construed as giving authority to a professional land surveyor, the professional land surveyor’s agents, employees or personnel under the professional land surveyor’s supervision to destroy, injure, damage or move anything on the lands of another without the written permission of the landowner, and nothing in this section shall be construed as removing civil liability for such damage.
(d) A licensed land surveyor during the conduct of a boundary survey where there is discovered, or reasonably should have been discovered, any major apparent discrepancy as defined by the board between the deed descriptions of adjoiners, evidence of use or possession not consistent with deed descriptions or otherwise has notice that there is an adverse claim across a boundary, shall notify the affected adjoiners. Notice to nonresident or absentee owners will be by mail to the current address used for mailing property tax notices. In cases in which the landowner does not reside on the property, reasonable effort shall mean notification by certified mail.
(e) No owner or occupant of the land shall be liable for any injury or damage sustained by any person entering upon the land under this section.
(f) Injunctive relief may be had against a landowner restricting entry to the landowner’s land in violation of this section by petition addressed to the circuit or chancery court of the division in which the violation is alleged to have occurred.
Do the purple stripes need to be directly painted on trees and posts or can they be a bit more elaborate. For example, can it be a purple metal sign nailed to a tree? This would look nicer in my opinion.
“If purple paint is used, then purple paint must be vertical lines of not
less than eight inches (8″) in length and not less than one inch (1″) in width;
placed so that the bottom of the mark is not less than three feet (3′) or more than
five feet (5′) from the ground; and placed at locations that are reasonably likely to
come to the attention of a person entering the property.”
The words “not less” implies that you may use purple “signs” that are at least 1″ wide and 8″ tall. If you want to use an 8×10 sign, that is up to you.
I have sprayed purple paint on my whole property at required hights widths distance from the ground an law enforcement still take it upon themselves to cross my Gates an walk threw the woods onto my property I have ask many times that they not come on my property without a legal warnent but it doesn’t help can u tell me what the law says about the law enforcement entering my property without a legal warnent
This is a legal question. You will need to consult an attorney on that. I know that trespassing is trespassing whether is it posted or not. I know it doesn’t impede my ability to survey. As a surveyor in Tennessee, I am exempt from trespass laws (but I am liable for damages I cause). How this affects law enforcement, I cannot say.
Are there any light trespassing laws in Tennessee? Like a neighbor who is lighting up the entire inside of your house with an unnecessary flood light?
As far as I can tell, there are no state-wide laws regarding light trespass. I did find that Johnson City, TN has an ordinance regarding just this issue. You would need to check with your individual municipality or county government. Call codes enforcement for your area and ask. It may not exist – yet. However, if there is enough issue, your area may be willing to institute a policy. Begin with codes and then move to your elected officials to deal with it.