Trespass in the first degree.

569.140. 1. A person commits the crime of trespass in the first degree if he knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure or upon real property.

2. A person does not commit the crime of trespass in the first degree by entering or remaining upon real property unless the real property is fenced or otherwise enclosed in a manner designed to exclude intruders or as to which notice against trespass is given by:

(1) Actual communication to the actor; or

(2) Posting in a manner reasonably likely to come to the attention of intruders.

3. Trespass in the first degree is a Class B misdemeanor.

Trespass in the First Degree is a Class B misdemeanor with a maximum penalty of six months in the county jail and a $500 fine.

Trespass in the second degree.

569.150. 1. A person commits the offense of trespass in the second degree if he enters unlawfully upon real property of another. This is an offense of absolute liability.

2. Trespass in the second degree is an infraction (as opposed to a misdemeanor), punishable by a maximum fine of $200.

CAUTION: Do not rely upon this information for legal advice. See an attorney for legal counseling tailored to your specific situation and needs.

During its 1993 legislative session, the Missouri legislature enacted a new statute pertaining to trespassing. The new law, the Purple Paint Statute (RSMO 569.145), provides yet another way for Missouri landowners to protect their property from trespassers. Landowners can still use "No Trespassing" signs, however the Purple Paint Statute allows landowners to mark trees or posts with purple paint as a warning to would-be trespassers. Just like a "No Trespassing" sign or actual communication to individuals that no trespassing is allowed, the purple paint marks are considered to be adequate notice to the public that no trespassing is allowed on the property.

Missouri's law is similar to one that has been used in Arkansas since 1989. These statutes were enacted to provide landowners with an economical and easy way to keep out unwanted trespassers. The law does not require that property marked with the purple paint also be fenced, thus it is an economical alternative for landowners who do not otherwise need to fence their property. Additionally, it prevents a problem encountered when using "No Trespassing" signs -- purple paint marks can't be taken down, destroyed, or stolen!

Because the Purple Paint Statute is new, many people across the state are not yet aware that the statute exists. Regardless, the statute imputes notice to would-be trespassers. All land marked with purple paint in the manner proscribed by the statute is considered to be adequate notice to the public. It fulfills the same function as a "No Trespassing" sign, a fence, or telling someone not to come onto your property.

Under Missouri's law:

Any owner or lessee of real property can post property with the purple paint marks.

Purple paint marks must be placed on either trees or posts (the statute does not specifically allow the option of placing paint marks on buildings).

Vertical paint lines must be at least 8 inches long (the statute does not mention a maximum length).

The bottom edge of each paint mark must be between 3 feet and 5 feet off the ground.

Paint marks must be readily visible to any person approaching the property.

Purple paint marks cannot be more than 100 ft. apart.

The statute provides that any person trespassing onto property marked by purple paint can be found guilty of a first-degree trespassing charge. Any unauthorized entry onto property marked with the purple paint marks is considered a trespass. First-degree trespassing is a Class B Misdemeanor, with potential punishment of a maximum $500 fine and/or a maximum of 6 months in jail.

Other violations which would subject a trespasser to first-degree trespass are: (1) entering a property posted with "No Trespassing" signs; (2) refusing to leave property once told to do so; and (3) coming onto land fenced against intruders.

Landowners can purchase the purple boundary posting paint at hardware stores across the state. Several paint companies have formulated a latex semi-paste product for the specific purpose of marking property. The paint can be applied in its semi-paste form or sprayed once thinned.

http://agebb.missouri.edu/aglaw/aglaw9.htm

Boundaries along streams

The question of where the boundary runs when land borders a stream may arise when water, gravel, mineral or recreational rights are disputed or when a

stream changes course. The location of the boundary and the adjoining landowner’s rights normally depend on the legal classification of the stream at the point in

question. In Missouri, riparian water (natural watercourses or lakes) may be classified as

(1) public navigable,

(2) public nonnavigable or

(3) private nonnavigable.

A stream is basically classified as public navigable if it is large enough for commercial watercraft to float on it. In Missouri, the landowner adjoining the stream is considered to own land down to the water’s edge (lowwater mark), while the public retains ownership of the streambed. Any land that is slowly and imperceptibly built up along the shoreline is considered to belong to the adjoining owner by the doctrine of “accretion.”

A stream that is too small to float commercial watercraft but is sufficiently large to float canoes, small fishing boats or logs is legally classified as public nonnavigable in Missouri. Here, the boundary is said to run with the

center thread of the stream. Thus, the boundary would change with a gradual change in the center thread of the stream. If the stream suddenly changes course, the boundary does not change but remains at the original place.

A landowner adjoining a public nonnavigable stream has the right to remove sand and gravel from it. However, his or her ownership rights are subject to the public’s right to use the stream itself for recreational purposes.

If a stream is too small to float canoes, small fishing boats or logs, it falls into the classification of private nonnavigable. Here, adjoining landowners not only own the bed to the middle thread, but also have the right to control the use of such streams.

Disclaimer:

Do not rely on this information for legal advice.

The material contained in this information is a general partial statement of the law. Direct your questions to an attorney. Your attorney can get relevant facts and act on them in your best interest.

Information gathered from MU Guide; Missouri Fencing and Boundry Laws; a publication of Missouri Agricultural Law Center, Department of Agricultural Economics. Contact the local Extension office for more information.

extension.missouri.edu