Questions tagged [trespass]
The tort of intrusion upon another person's real property. For trespass to chattels see tags "theft" or "conversion." For trespass to the person see tags "assault" or "battery."
122
questions
-1
votes
0
answers
40
views
What remedies are available for trespass per se?
Can one claim damages for trespass without making out harm? Or are remedies in harmless cases limited to an injunction prohibiting the trespasser against future trespass?
- 9,318
-5
votes
2
answers
145
views
Arrested for trespassing in church open to public [closed]
A friend in WA State was recently arrested and indicted for criminal trespassing at a church. Video evidence is clear: no disruption. No outstanding warrants nor trespass. A member of the church said ...
- 1
0
votes
1
answer
114
views
Would Jewish settlements on Palestinian territory be illegal if the settlers were Palestinian and they didn’t encroach on any already settled lands?
I’m trying to understand whether the individual settlers themselves are violating any laws (presumably Palestinian ones), and if so, which ones and how. Is it illegal under Palestinian law to enclose ...
- 9,318
1
vote
1
answer
305
views
Can a ban from a venue be nullified by subsequent admittance?
Bob was expressly told by an employee Emily of a business to never return to that location. A month later, he returns and Emily advises her colleague Colleen the Bob has been banned. A year later Bob ...
- 9,318
-3
votes
1
answer
115
views
Does a pub have a right to control the pavement outside it even if they have permission to place tables and chairs on that section of the pavement?
A pavement seems on a basic level to be a public piece of land. I’ve seen notices posted on the outside walls of businesses related to “applications for a pavement license”. Presumably a license to ...
- 9,318
9
votes
1
answer
3k
views
Legal implication of shutting another’s windows from the outside
Bob’s neighbour is playing loud music inside their property with the windows open. Bob knocks on the window asking them to kindly lower the volume. Nobody appears to be home, so Bob gently pushes his ...
- 9,318
12
votes
1
answer
2k
views
Trespass against easements?
Say someone has an easement across my land to access their property.
They have an easement, so I am not allowed to interfere with their use of my land. I can't stand there and block their way.
If two ...
- 1,695
0
votes
2
answers
77
views
How do computer trespass laws intersect with public records laws in Washington state?
Suppose a state-run organization in Washington state receives a public records request that is broad (but not overly broad). In attempting to fulfill the request, an employee discovers that some ...
0
votes
1
answer
126
views
What is the difference between trespass on a venue and theft of services?
Alice sneaks into a concert venue and enjoys the show.
Bob sneaks into a spa to enjoy a jacuzzi and steam bath.
Charlotte sneaks past the usher into a cinema and watches a film.
Have each of these ...
- 9,318
2
votes
1
answer
66
views
What is the threshold of disruption caused necessary to establish an aggravated trespass?
Section 68 Criminal Justice and Public Order Act 1994 creates the offence of aggravated trespass turning the act into a crime from a mere civil tort.
But the line seems rather fuzzy. So which ...
- 9,318
-3
votes
1
answer
98
views
How and when did trespass become a crime, or not a crime?
principally interested in the us and in England, but what are the origins of trespass being treated as not a crime in England, and conversely as a crime in the U.S.? As with terminology for civil ...
- 9,318
-2
votes
2
answers
94
views
Can personal data compelled by police able to be disclosed to a private business?
Bob is ejected from a private business as the police are called because the security guard felt his dietary proclivities were socially unacceptable in public. The police arrived and Bob was already ...
- 9,318
4
votes
2
answers
456
views
Overriding offered contract acceptance methods with express written declaration
Bob would rather face the consequences of trespassing than pay for a license to occupy a privately owned parking spot.
He pulls into the lot which says “by parking here you agree to pay £10/hour.
Bob ...
- 9,318
-1
votes
1
answer
278
views
What is the legal status of private parking charges fines? [duplicate]
Bob receives a letter from Debt Recovery Plus about an overtime parking charge from a private “creditor”. What legal authority do they have to levy such fines and what is the worst that could happen ...
- 9,318
0
votes
1
answer
128
views
Decoding and publishing lock combination
Many combination locks can easily have their combinations decoded, even while the lock is shut. Suppose someone decoded the combination to a lock, wrote down the combination on a piece of paper, and ...
- 159
22
votes
5
answers
5k
views
What offence if any is committed by guessing a combination entry lock on a door?
If one effectively guesses the correct passcode to the lock so as to open it without causing any damage and then peacefully enters (seemingly a mere civil trespass) the (previously) secured premises, ...
- 9,318
5
votes
1
answer
209
views
Is this trespassing on US government property?
I live on a residential access road off of USDA property. Multiple times a week for the last 5 years, I have taken a walk down my road and on to the USDA property, walking on the main roads around the ...
- 59
19
votes
4
answers
20k
views
Can you be issued a trespass warning on public property for no reason at all?
Lets say you're in the library or park. Both owned by the public (city). An employee asks you to leave. You ask why and they respond with "Because I'm telling you to". You refuse, and the ...
- 5,419
3
votes
2
answers
310
views
Is the China balloon breaking any laws?
It's reported in the news that China have sent a balloon over America. Some say it's a spy camera and some say it's a weather balloon.
Has China broken any American or international laws, such as ...
- 617
2
votes
1
answer
136
views
Has anyone been charged for stealing their own stuff?
Suppose someone "A" has a storage unit, and was told by the manager to remove their belongings by a certain date.
"A" was then notified that the manager was leaving early and not ...
- 21
2
votes
5
answers
451
views
A store security guard prevented me from entering a shop 30 min before the close, does he have the right to?
I tried to enter a shop that closes at 11 p.m. in France, at 10:30 p.m., and the store security guard prevented me from entering. Does he have the right to? If not, what could I do to go in? What do ...
2
votes
1
answer
124
views
Is there legal precedent when there is no permission granted & a sibling enters your room? They were caught on camera
I am interested to know if trespass will be considered if its a family member.
The door was closed & permission was not granted.
There was nothing wrong being done but they just enter & walk ...
- 21
2
votes
2
answers
203
views
What exactly is prohibited in a 'prohibited place' under the Official Secrets Act?
Last summer, I drove past RAF Spadeadam in the north of England. I passed the following rather foreboding sign:
Ministry of Defence
This is a prohibited place within the meaning of the Official ...
- 497
-2
votes
1
answer
250
views
Can one be banned from TfL services?
Btp are often keen to advise that station staff are entitled at their own discretion to refuse members of the public carriage or entry to the stations like any privately owned business and it becomes ...
- 45
0
votes
1
answer
109
views
Squatters removed by police for gas hazard concerns
Meet Alice. In 2021 Alice occupied a disused pizza restaurant in Soho as a squat and began making free pizzas for all in the kitchen using donated ingredients to raise awareness for a political cause....
12
votes
4
answers
676
views
Karen sues a workshop for damages as she was trespassing and disregarding mandatory safety gear. Does she have a case?
Let's paint the scene: We work in the back of a metalworking workshop in Austin Texas. Huge machines make lots of noise, at times there are steel panels on the floor with access holes to access the ...
- 33.8k
29
votes
7
answers
12k
views
What are the actions a resident should take against police remaining, with no warrant, on residential property after being repeatedly asked to leave?
Police shows up on a residence's front door, starts encounter with resident. Resident decides to end consensual encounter, and asks officers to leave.
Officer decline to leave and put foot on the door ...
- 1,639
0
votes
1
answer
79
views
How are general damages for assault calculated?
For example, in discrimination suits, one has the Vento scale as a guide to calculating damages. Does anything similar exist for trespass to person?
1
vote
1
answer
241
views
What is the difference between ownership and exclusive sovereignty in terms of US land law?
Yesterday a Law YouTuber by the handle 'Lehto's Law' made a video titled "Yes, You Own the Airspace Over Your Property" in which he describes that indeed you do own the air over your ...
- 217
1
vote
1
answer
252
views
Is it a crime to sneak into a hotel pool?
Suppose a hotel pool is very easy to get into, although there is a sign that it is only for the hotel guests. Is getting caught punishable by law enforcement? This is in Orange County, Florida, USA.
- 219
2
votes
2
answers
364
views
How many days do you have to live somewhere in Texas before you have residency in a home?
A woman has to move in with her parents because she fears becoming homeless while her husband is on probation for a felony DWI. Over 4 years of probation while living there the parents become ...
- 71
1
vote
0
answers
63
views
Are you allowed to forcefully remove someone from your property if they don't leave after being told to in Germany? [duplicate]
Is it legal to forcefully push or drag someone out of your property if they refuse to leave after being told to? I am talking strictly about Germany's laws.
4
votes
3
answers
1k
views
Is it okay to push someone off your property if you've told them to leave but still didn't. Germany
I was in a fight with an apartment mate of mine. I have told her to leave my room after she took the remote and turned off my tv, but she did not leave. So I pushed her out of my room, she then ...
- 41
9
votes
3
answers
3k
views
Who can stop a member of the public from peacefully protesting a private club who rents their space?
Assume a private club located in a shopping plaza in Austin, Texas and they rent their space from the plaza's owner.
Also assume a member of the public, let's call him Larry, intends to stand outside, ...
- 207
1
vote
2
answers
259
views
A beggar forced me to give money
Backstory:
A beggar beat (very hard) the gate of my room (a rental room in a residential building). I opened the gate and refused to give money. When I tried to close the door they forcefully entered ...
- 771
0
votes
0
answers
140
views
Kids climbing fence to pass through yard - homeowner's liablity?
Suppose a property owner does not mind if children, say aged 11 to 13, climb over their fence to use their property as a shortcut.
What would their liability be if one of these children hurt ...
- 9
5
votes
2
answers
7k
views
May I bring weapons and/or defend myself when trespassing for a legal reason?
Let's say I have to trespass for a legal reason, e.g. a court order allows me to retrieve property.
Am I allowed to defend myself while trespassing? Can I bring weapons or whatever is needed to defend ...
user41644
-3
votes
1
answer
140
views
Can I freely roam on a government owned property, like a police station or a State Bank without permission from anyone?
I wanted to know if the law allows us to freely move or trespass in a government owned property, especially like a police station or State Bank. I know that different countries will have different ...
- 111
0
votes
1
answer
173
views
Trespassing conditions on residential property
Just today, a man came partially up my driveway and into my yard with two dogs (on leashes). I asked him to please not allow the dogs to urinate in my yard, and he said he isn't in my yard. I have a ...
- 5
3
votes
1
answer
143
views
Can a would-be visitor be legally a tresspasser?
This is based on the thread Property Owners & Injury Liability w/ Signage (US, WV) on this site and the comments on my answer there.
This is specifically about the law in West Virginia, but nswerd ...
- 113k
7
votes
1
answer
865
views
Country roads, take me to Jail? Are private roads in Virginia Commonwealth generally closed to public travel?
Some background for context:
I was out on a bike ride in Loudoun County, Virginia last weekend, following a GPS route I got from a local bike shop. While traveling down a gravel road, a local motorist ...
- 190
1
vote
3
answers
259
views
Does gas stations have to file restriction order after being asked to leave?
Long story short I informed the owner of the gas station that (after many attempts) the manager would not pay me my winnings from a pull tab game at the station. The manager and I then had an exchange ...
- 13
2
votes
1
answer
201
views
Castle Doctrine as it applies to unruly Guests
If you have a guest at your house in Texas, United States that has started acting in an unpredictable and threatening way that will not leave, does the castle doctrine apply in getting them to leave? ...
- 21
-5
votes
1
answer
130
views
Is it legal to revoke patronage in order to issue a trespass ban based only a hearsay
The local library revoked my library privileges in order to issue a No Trespass order, based upon a verbal altercation between a staff member and myself after I refused to wear a mask.
Is this legal ...
1
vote
1
answer
261
views
Can the state/county post No Trespassing signs for private property?
There's a county park with some hiking trails near our house that my wife and I like to walk through in the mornings. We walk along the public road to get to the park, hike the trails, and return home ...
- 111
1
vote
2
answers
76
views
Can Right to Chattel be Challenged during Pre-Trial Phase?
Suppose the plaintiff has filed a trespass/conversion tort in federal court, but the chattel they are asserting a right to is not actually theirs. I understand that in some sense, and to some extent (...
1
vote
1
answer
213
views
Unlawful for dog to poop in neighbors yard?
Is it unlawful for a dog owner to allow their dog to defecate in a neighbors yard while on a walk, even if the owner picks up the dogs
feces and disposes of it properly?
- 11
2
votes
1
answer
2k
views
Can a property owner detain a trespasser?
In a jurisdiction in which trespassing can be a crime, can a property owner detain a person discovered trespassing on the property?
Example: A landowner discovers an unknown person standing on his ...
- 21.7k
-1
votes
0
answers
131
views
What are the laws for trespass in Austria? [duplicate]
Bobbi, a national or equivalent of Austria, after admitted to enter, refuses to leave from public (government) premises of Austria at the close of business hours despite having been given due notice.
...
- 3,875
2
votes
3
answers
2k
views
What are the laws for trespassing in Germany?
Bobbi, national or equivalent of Germany, after admitted to enter, refuses to leave from public (government) premises at the close of business hours despite being given due notice.
What laws and ...
- 3,875