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."

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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 ...
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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.
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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 ...
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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.
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4 votes
3 answers
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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 ...
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9 votes
3 answers
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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, ...
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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 ...
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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 ...
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4 votes
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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 ...
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-2 votes
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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 ...
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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 ...
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3 votes
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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 ...
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5 votes
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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 ...
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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 ...
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2 votes
1 answer
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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? ...
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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 ...
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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 ...
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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 (...
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If cause for injunctive relief becomes moot while case is pending, can it affect jurisdiction?

Suppose there's an interference tort (trespass/conversion) filed in federal court, and there is a jurisdictional requirement that the plaintiff be seeking injunctive relief (both parties are based in ...
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1 vote
1 answer
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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?
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2 votes
1 answer
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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 ...
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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. ...
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1 vote
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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 ...
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2 votes
0 answers
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Can a co-op tenant shareholder exclude people from common areas if they refuse to abide by house rules?

In New York City, can a co-op tenant/shareholder refuse to allow a guest or contractor of another tenant/shareholder into common areas of the building if the person is violating the co-op's house ...
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6 votes
1 answer
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Did the Buckingham Palace intruder commit a crime?

Having just watched the episode of The Crown (Netflix series) dealing with the break in at Buckingham Palace in 1982 by unemployed man, Michael Fagan, I looked up the Wikipedia entry on the matter and ...
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Growing hot chilis in private but accessible garden

I own a few acres of land in a community garden were I plan to grow some of the hottest chilis in the world. The community garden is clearly marked as private property and fenced in. However the gates ...
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13 votes
4 answers
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Can I deny people entry to a political rally I co-organise?

Can I deny entry or remove unwanted guests from a political rally I co-organise? If we organise an officially authorised political rally in a public place for a particular cause (Palestinian ...
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Is it legal to pick locks to gain access to an area you're allowed to be in, in Canada?

After a bit of discussion regarding my answer for this question in the Workplace Stackexchange, I got to wondering: Is it legal to pick a lock to gain access to an area you're authorized to enter in ...
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-2 votes
1 answer
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What happens after bugs are found in a private residence? [closed]

I have evidence of being spied on by complete nobodies and weirdly threatened malicious people on the web so I have a bug sweep coming up. What should I do after the technician finds hidden cameras ...
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34 votes
2 answers
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Do the police have to kick someone out the house if the owner demands it?

I phoned the police to kick my in laws out the house after they started to take my furniture when they were only meant to take theirs (splitting up with wife). They came but refused to kick them out ...
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47 votes
3 answers
16k views

In Los Angeles can I defend my own property against looters?

Currently, there is looting being done in Los Angeles by many people who are pretending to protest against the killing of George Floyd (some others are actually protesting and a few people are helping ...
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2 votes
1 answer
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What are the limits to presuming one has permission to enter a property if not explicitly told not to enter it?

The USA federal law for trespassing states: A person commits an offense if, knowing that he or she is not licensed or privileged to do so, he or she enters or surreptitiously remains in any ...
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1 answer
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Using an Apartment's Recycling Bin

An individual drives into an apartment complex, of which they do not reside, and adds an item to the recycling bin. This occurance is hypothetically during COVID-19, during Washington's "Stay Home, ...
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3 votes
1 answer
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Rights to deal with tresspassing livestock (New Zealand)

I have a herd of sheep which keep coming onto my land, "fertilising" the ground and killing my fruit trees - and despite my efforts I have been unable to locate the owner of the sheep (The property ...
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3 votes
2 answers
256 views

How do I deal with casual trespass

Suppose that someone walks on to my land and refuses to leave. Trespass is not a crime, so (as I understand it) the police can't help. I'm not allowed to use physical force to eject them because that ...
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2 votes
1 answer
101 views

Taking back my stuff from my Ex [closed]

Long story short, My ex stopped answering my calls and seemed to have blocked me. I had to move out two weeks ago but hadn't retrieved all of my belongings. When we lived together, I had some of my ...
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2 votes
1 answer
630 views

When does trepassing warning expire?

Somebody tells me to not come on their property. When does the warning expire? The statute of limitations is about a year, is that enough?
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2 votes
2 answers
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Trespassing on public property for filming a public area in California

I was filming at a County Social Service office. The Social Service Administrator told me to leave because I was filming and called the Sheriff. The Sheriff arrested me for trespassing.
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2 votes
1 answer
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Ordered to leave public property where I was legally parked

I live in GA. I was ordered to leave a place where I was, according to an LEO, legally parked. The person who ordered this was the head of the parks department. Since the LEO said I was not in ...
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63 votes
2 answers
11k views

Is it legal for private citizens to "impound" e-scooters?

This recent article from The Verge claims that two men in San Diego have create a repo company that impounds e-scooters from companies like Lime, Bird, Lyft, Uber and Razor. However as far as I can ...
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2 votes
2 answers
165 views

Does a property owner with beach frontage need to post the beach for it to be considered trespassing to walk across the property?

In MA, is it legal to cross someone's property on the ocean beach if the beach is not developed and is not posted?
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1 vote
2 answers
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barbed wired off open field with human sized entrance on side - legal?

I live in the state of Texas (Dallas area specifically). There is a field I drive by often near a residential neighborhood. Very open with not a person or house in sight (No signs or anything either)....
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45 votes
7 answers
12k views

USPS Back Room - Trespassing?

I go to my local post office nearly every day to drop off packages for online purchases. A couple of years ago, I had a van full and it would have taken many trips to bring them inside. I asked a ...
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6 votes
4 answers
4k views

Force neighbor to resolve property line encroachment before selling house

My neighbor built a fence that crosses our property line. I had a surveyor come mark the boundary to be sure. (It has only been a few years so no adverse possession possibilities.) This neighbor is ...
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2 votes
2 answers
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Is calling a store in which you are banned illegal?

I called a store to apologize for a actions that involved me. They told me that calling the store violates my ban and breaking their ban is against the law. They threatened to file a trespass ...
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1 vote
1 answer
370 views

Indiana trespass law

Indiana Code 35-43-2-2 states: (c) A person has been denied entry under subsection (b)(1) when the person has been denied entry by means of: (1) personal communication, oral or written; (2) posting ...
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Can the owner of a private establishment confiscate the personal property of a trespasser?

While I was reading this article, this line caught my eye: Anyone seen videotaping in any capacity will be deemed trespassing and will be escorted out by security. Your video equipment may or may ...
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3 votes
2 answers
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Can a juvenile be charged with theft by receiving if the property wasn't stolen?

A young adult entered a home where he used to rent a room in order to retrieve a piece of workout equipment. The home owner would not let him have the equipment until he paid past rent money so he ...
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4 votes
1 answer
910 views

Can town administrative "code" overule state laws like those forbidding trespassing?

I notice that a lot of towns have "right of entry" rules which ostensibly permit firefighters to trespass onto private property essentially whenever they want to "inspect" things to "prevent fire". ...
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4 votes
1 answer
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Is it legal to climb on public bridges when there are no prohibition signs?

I like to climb around on the steel structures below public road bridges. I do it for no other reason than having fun. I do it only at night because I don't want to attract attention, but I'm ...
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