How to Get a No Trespass Order in Vermont and Serve It

To get a no trespass order in Vermont, you write and deliver a Notice Against Trespass yourself. It is not a court order and no judge has to approve it. Under 13 V.S.A. § 3705, the person in lawful possession of a property can tell a specific individual to stay off, and once that person has been given actual notice, coming back onto the property is a crime.¹

Who Can Issue One

The statute gives this authority to the “person in lawful possession,” which is broader than the titled owner.¹ If you rent an apartment, you are in lawful possession of that unit and can issue a notice against someone who keeps showing up uninvited. A landlord who does not live on the property can also issue one for common areas and the land itself.

You do not have to hand the notice over in person. You can authorize an agent, such as a property manager, family member, or attorney, to deliver it, or you can ask a law enforcement officer to deliver it for you. All methods carry the same legal weight.¹

What to Put in the Notice

Vermont does not require a specific form. The statute’s only real requirement is “actual communication” that puts the person on notice they are not welcome.¹ A clear, specific document is easier to enforce. Include:

The full name of the person being prohibited.
A direct statement that this person is not authorized to enter your property.
A description of the property. A street address works for most situations; for rural land, describe the boundaries clearly.
A reference to 13 V.S.A. § 3705, which tells the recipient that violating the notice is a criminal offense.
Your name and signature as the person in lawful possession.

Send a copy to your local police department and the Vermont State Police as well.² The statute does not require it, but when officers already have the notice on file, they can respond faster if the person comes back.

How to Deliver It So You Can Prove It

“Actual communication” means the person has to actually get the warning.¹ How you deliver it is up to you, but your choice determines whether you can prove delivery later if police get involved.

In Person, With a Witness

Handing the notice directly to the person is straightforward. Bring a witness who can confirm the delivery, the date, and that the recipient was the person named in the document. Write a short statement together recording those details and both of you sign it. Without a witness, it becomes your word against theirs.

Certified Mail

Certified mail with return receipt requested creates a paper trail. When the recipient signs for the letter, you get back a signed card confirming delivery. Keep the card with your copy. If the person refuses to sign, certified mail alone may not prove actual communication, so plan to follow up with another method.

Law Enforcement

Asking a sheriff, constable, or local police officer to deliver the notice is often the strongest option. The officer documents the delivery in their records, and their testimony carries weight in court. It also avoids any direct contact between you and the person.

If They Come Back

Do not confront the person. Call your local police department or the county sheriff. When officers arrive, show them your copy of the notice and your proof of delivery, whether that is a certified mail receipt, a witness statement, or the law enforcement delivery record.

Vermont’s penalties for unlawful trespass depend on what kind of property is involved:

Land or general property: up to three months in jail, a fine of up to $500, or both.¹
A normally locked building other than a residence, or a residence entered in violation of a court order: up to one year in jail, a fine of up to $500, or both.¹
A dwelling house: up to three years in prison, a fine of up to $2,000, or both, whether or not anyone is home at the time.¹

If the trespass involves someone entering your home, make sure your notice and the police report specifically identify the property as your residence, because the dwelling-house penalty is far harsher.

The 60-Day Window

For land or general property violations under subsection (a), prosecutors have to file charges within 60 days of the offense.¹ That is a short deadline. Report violations to police right away and follow up to confirm a report was filed.

Where This Tool Does Not Work

A Notice Against Trespass has real limits. You cannot use it to remove someone who has a legal right to be on the property. The most common mistake is a landlord trying to use a trespass notice instead of going through Vermont’s formal eviction process. A tenant, even one who has stopped paying rent, has lawful possession and must be removed through the courts. The same goes for a roommate on the lease or a family member who has established residency in your home.

A notice also does not block law enforcement. The statute exempts officers serving civil or criminal process, including warrants, subpoenas, and court orders.¹ Fire and emergency medical personnel responding to a crisis also have legal authority to enter. And if a utility company holds a recorded easement on your land, their workers can access it for maintenance regardless of any notice you have issued.

How Long It Lasts

The statute sets no expiration date. Once delivered, a Notice Against Trespass stays in effect until you revoke it. Practical enforceability can weaken over time, though. If years pass and circumstances change, a prosecutor or judge might question whether the notice still reflects your current intent. When a long-standing problem is still ongoing, send a fresh notice to reinforce the prohibition and refresh your proof of delivery. Keep your copy of the notice and all delivery records in a safe place, because you may need them months or years later.

1
Vermont General Assembly. Vermont Code 13 VSA 3705 – Unlawful Trespass
2
VTLawHelp.org. Notice Against Trespass