Cease and Desist Letter for Trespassing in California: What It Can Do

What does a cease and desist letter for trespassing do?

A trespass cease and desist letter states in writing that a named person does not have permission to enter your property, and asks them to stay off it. It cannot be enforced like a court order. Its value is clarity: it puts on paper, with a date, that this person is not welcome.

• It withdraws any earlier permission, express or implied, such as a former tenant's friend or a neighbor who used to cut through with your blessing.
• It identifies the property and the areas covered, including driveways, side yards and outbuildings.
• It gives you a dated record to show police, a court or an insurer.
• It can address related conduct, such as parking, dumping or flying a drone over your yard.

If the conduct includes threats or a pattern of intimidation, a letter may not be enough. Our guide to a harassment cease and desist letter deals with that, and the court option appears further down.

When is trespassing a crime in California?

Trespassing is a crime in California when it fits one of the acts listed in Penal Code section 602 or section 602.8. Stepping onto a lawn is not automatically a crime; the statutes generally require something more, such as refusing to leave, entering fenced, cultivated or posted land, or entering to cause damage.

Penalties under section 602.8 rise with repeat entries onto the same land: a $75 infraction for a first offense, a $250 infraction for a second, and a misdemeanor for a third or later offense. Several of these provisions turn on whether the person was told to leave or lacked written permission, which is where a letter fits.

Can police enforce trespass while you are away?

Yes, if you file a written request. Penal Code section 602(o) normally requires a separate request to the police on each occasion. A single notarized request, made on a form the law enforcement agency provides, can instead cover a period identified by specific dates of up to 12 months, or a shorter limit set by local ordinance, when there is a fire hazard or the owner is away. A separate notarized request of up to 12 months is available when the property is closed to the public and posted as closed.

• As of October 2026, the statute (last amended by SB 602, effective January 1, 2024) allows these requests to be submitted electronically where the local government accepts electronic submissions.
• A request expires when ownership of the property changes or when the person in lawful possession changes.
• You must tell the agency in writing if you no longer want its help before the period ends.

Ask your local police department or sheriff for its form. Some agencies call it a letter of agency or a trespass authorization.

What can you recover for civil trespass?

Trespass is also a civil wrong, separate from any crime. A civil claim can seek money for harm the entry caused and, in a superior court case, an order to stop it.

• Damage to property. Repair costs for broken gates, fences, sprinklers or plants.
• Trees. Cutting or injuring trees on your land can bring double or triple damages under Civil Code section 3346; our neighbor tree dispute guide explains how.
• Occupation. Where someone took over part of your land, Civil Code section 3334 measures damages to include the reasonable value of that use, looking back up to five years, and the cost of restoring the land.
• Ongoing interference. A continuing intrusion that interferes with your use of the property may be a nuisance under Civil Code section 3479.

The usual filing deadline for trespass on land is three years, set by Code of Civil Procedure section 338(b). Small claims court can award an individual up to $12,500, but an order to stop someone from entering generally requires superior court or a restraining order.

Does a hiker or angler on your land change your liability?

California's recreational use statute, Civil Code section 846, says an owner owes no duty to keep the premises safe for people entering for a recreational purpose, such as hiking, fishing, riding or sightseeing, and need not warn them of hazards. Giving permission for recreational entry does not by itself make the owner responsible for those visitors' injuries.

The protection has limits. It does not cover a willful or malicious failure to guard or warn against a dangerous condition, entry granted in exchange for payment or other consideration, or people the owner expressly invited rather than merely permitted.

A trespass letter and section 846 do different jobs. The letter withdraws permission; section 846 concerns your duty of care toward recreational users. If you charge for hunting, riding or other access, talk to a lawyer about both.

Is flying a drone over your yard trespassing?

It can create liability when the drone is used to record you. Civil Code section 1708.8(a) makes a person liable for physical invasion of privacy when they knowingly enter the land, or the airspace above the land, of another person without permission to capture images or recordings of someone engaged in a private, personal or familial activity, in a manner offensive to a reasonable person.

The remedies are serious: up to three times the general and special damages caused, possible punitive damages, and a civil fine of $5,000 to $50,000 (section 1708.8(d)). Your letter can list the flight dates and the areas of your property involved, and ask that the flights stop.

Drone flight is also regulated by federal aviation rules, so a drone passing high over a neighborhood is a different situation from one hovering outside a bedroom window.

Steps for stopping a repeat trespasser

1. Log each entry with the date, time and what happened, and save the camera footage.
2. Identify the person, if you can, and find an address for the letter.
3. Post clear no-trespassing signs, particularly on open land where the Penal Code ties offenses to posting.
4. Send a written notice withdrawing permission and asking them to stay off, by a method you can prove.
5. If they come back and refuse to leave, call local law enforcement, and ask about the agency's written request form if you travel or are away for long periods.
6. If the conduct involves threats or harassment, consider a civil harassment restraining order.

The California Courts self-help site explains that a civil harassment restraining order is available against people such as a neighbor and can last up to five years. The request is made on form CH-100.

When a no-trespassing letter should come from a lawyer

A trespass notice can become the first page of a longer record, so it should read as calmly in front of a judge as it does on a doorstep. Consider having an attorney write it when the person claims a right to be there, such as an easement or an old agreement, when the entries cause damage, when a business or contractor is involved, or when drones or cameras raise privacy concerns.

Through Talk to My Lawyer, a licensed California attorney writes your cease and desist letter from your footage, dates and property details, and sends it on your behalf. If someone claims a legal right to cross your land, talk with a property lawyer about the details.