Be Aware Of Purple Paint When Repossessing

If you’re repossessing in one of 19 states and you spot purple paint on trees or fence posts, be aware and alert to what the paint signifies. While repossessors almost always have a contractual right to be on private property, as an agent of the secured creditor, the purple paint can be indicative that you are dealing with a debtor who takes his or her privacy a little more to heart than the average Joe.

The states with these purple paint laws are Alabama, Arkansas, Florida, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Missouri, New Hampshire, North Carolina, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, and West Virginia.

In North Carolina, Virginia, and West Virginia, the purple paint isn’t about keeping out all trespassers. It’s just for keeping hunters and fishers off the land.

Back in the 2000s, state lawmakers figured paint was cheaper and harder to mess with than signs. Kentucky was the latest to join in, with their governor signing the law in April.

Some states like Idaho, Montana, and Nevada use orange paint for trespassing warnings. Arizona and Utah use orange too, but only for hunting restrictions, and Utah also allows bright yellow for the same purpose. Maryland and Nebraska went their own ways with blue and red paint respectively.

There are specific rules about how big these paint marks should be and how far apart. Most states say they should be around eight inches long, one to two inches wide, and three to five feet off the ground. The spacing varies, but it’s often between 100 to 1,000 feet apart.

Not every state has these paint laws. Some tried and failed. Minnesota and Mississippi couldn’t get their purple paint bills past committee. Vermont and Ohio also couldn’t push theirs through recently. Oklahoma’s bill passed both houses but got vetoed by the governor in 2005, causing quite the stir.

With these laws gaining traction, there’s talk of more states adopting similar measures. In New York, where you can only use signs, some folks see benefits to paint, though they worry it might not be understood by everyone.

So, if you’re in the field and see that paint, remember what it means and that you are probably dealing with an individual who is particularly sensitive to his privacy and could become an issue.

Stay safe,

Dave