YWHIC wrote:I have property over in Jeff Davis County... and I plan on having a 16 x 16 building Weekender Rancher (by homedepot) put upon it for a vacation retreat.. (see picture of design).. this will be about 60 yards from the road and in plain view from the road.
RanchTuff.jpg
...
I plan on covering the windows with wood and such as to prevent entry without some force on the intruders part..
I also plan on putting up a stringer type of fence and NO TRESPASSING SIGNS in both English and Spanish..
'
You may want to follow the provisions in PC 30.05 for posting property
(a) A person commits an offense
if the person enters or remains on or in property of another, including
residential land, agricultural land, a recreational vehicle park, a
building, or an aircraft or other vehicle, without effective consent and
the person:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
(2) "Notice" means:
(A) oral or written communication by the owner or someone
with apparent authority to act for the owner;
(B) fencing or other enclosure obviously designed to exclude
intruders or to contain livestock;
(C) a sign or signs posted on the property or at the entrance to
the building, reasonably likely to come to the attention of intruders,
indicating that entry is forbidden;
(D) the placement of identifying purple paint marks on trees or
posts on the property, provided that the marks are:
(E) the visible presence on the property of a crop grown for
human consumption that is under cultivation, in the process of being
harvested, or marketable if harvested at the time of entry.
YWHIC wrote:
The Question:
If I were to fly out (for my vacation) and drive out to it, and have a TX (or in my case my PA CCP).. and find someone on my property, in the building, or in general trespassing can I legally defend MY PROPERTY??
Want a little clarification...
The use of force to defend your property would be based on the circumstances of the incident. A good reference would be PC 9.41 / PC 9.42