February 9, 2016

Asked 2/5/2016 – Denton, TX

My aunt has been having trouble with the property owner next door. He repeatedly trespasses on her property and treats it like it is his own. She have asked him to leave. He refuses. She called the police, they refused to issue a trespass warning. Is this legal? He is a very well liked, affluent citizen in our community. He has served on the town council and is a typical “good ol boy”.

Answer

The police can refuse to issue a criminal trespass warning at their discretion, regardless of the prominence of the citizen. Have your aunt send a certified letter to her neighbor, advising him of the criminal trespass warning. Then, if she has the means, install a small security camera to survey the area that she believes her neighbor violates. This will give her some evidence to provide police if an incident report is subsequently filed.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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