No Trespassing Signs

No Trespassing Signs

What so I do if I encounter a No Trespassing sign??

When a No Trespassing sign is posted at a property- it establishes an imaginary  “line” from both ends of the sign to the property line. This indicates that no one, unless specifically invited (friend/family) or has IMPLIED PERMISSION ( pizza delivery, UPS, flower delivery), may to enter past that line. 

Process servers do not meet any of these instances. Just because we have “business” to deliver documents at the property- we do not have permission to cross that line.

If the notice is on the front door or wall to the residence- you can knock since you are not passing the sign.

 If the sign is in the yard- you cannot go past it, so going past the No Trespassing sign and knocking on the door is not allowed. However, honking your horn could get someone’s attention in the residence. Again, you can only go past the No Trespassing sign if the resident allows it.

Always attempt to confirm residency with a neighbor---unless they are also posted with a No Trespassing sign. 

 When a No Trespassing sign is posted on an apartment fence/gate, the server should contact the apartment management office for 2 reasons- 1) to inquire as to the defendant actually on the lease for the given address. 2) request permission to enter the property for the purpose  of making attempts for service. If the office staff gives you the code for the gate, add their name and the code on the job. They have given you permission to be on the property. If they do not give you permission, notate that you requested permission, and get the name and/or provide a physical description in your attempt notes.

For gated apartment complexes and No Trespass signs on subject residence front door: If the sign is on or near the door means you can’t enter. It does not mean you can’t knock.  NEVER cross a threshold and enter someones residence.

For a high security complex-  the concierge or security officer should be willing to call the defendant to secure permission to allow you into the building. Take detailed notes on the attempt as to what transpired. 

This is based on the Texas Penal Code

Purple paint- Texas Law allows for the use of purple paint on fence posts, trees, or other item that is clearly seen at least 3 feet off the ground- this indicates NO TRESPASSING. This is for more rural areas where posting signs is unfeasible.