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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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-1 votes
0 answers
71 views

Can you be arrested for breaking into the house you live in when it's an emergency? [closed]

The house I lived and caught on fire. A man set the fire. My animals were inside locked in, and I broke the back window, trying to get in to get my animals out and they arrested me. Is that legal
-2 votes
2 answers
162 views

Breaking and entering vs trespassing

Scenario: A person is caught on the roof of a building without having any prior authorization to be there. When asked to leave by security/building personnel he complies. Security reports to the ...
0 votes
1 answer
131 views

Are squatters rights real?

The term squatters rights traditionally refers to various forms of "adverse possession" which I know in most jurisdictions is a real thing, however the recent media focus on it seems to ...
2 votes
2 answers
157 views

How long does is someone required to stay away if removed for trespassing?

I was just watching a breakdown of a police interaction in which a man was arrested for trespassing. He had been removed from a location the day before and told that if he came back he'd be arrested. ...
1 vote
0 answers
45 views

Can video evidenced gathered whilst trespassing be used as the basis for a prosecution? [duplicate]

Occasionally the media run stories of animal rights protestors who've broken into a farm or abattoir and filmed evidence of animals being abused / mistreated. The videos often appear to be shot late ...
0 votes
2 answers
130 views

Trespassing/squatting on commercial premises in England

Squatters moved into a disused pub in London on a Friday and a High Court order for their removal was not granted until the subsequent Thursday. The reporting states that it is not a crime to occupy ...
1 vote
1 answer
214 views

In US, if I trick a person into knocking a wrong door and the homeowner shoots them to death, what crime would I commit?

Let me start by saying that I'm not a US citizen nor living in the US (I live in a country where guns are illegal), and I'm not familiar with the difference between the gun laws in different states. ...
2 votes
1 answer
410 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 ...
3 votes
2 answers
350 views

Is the China balloon breaking any laws?

There are news reports that China had sent a balloon over the USA. Some say it is reconnaissance and some say it is a weather balloon. Has China broken any US or international laws, such as spying or ...
1 vote
2 answers
339 views

Trespass in a public business

This question stems from an ugolord video who I know can be quite controversial. In the video a prankster sets the alarms on all of the devices in an apple store to go off at the same time and then ...
2 votes
0 answers
135 views

Can a land possessor distrain a trespasser's property?

A has entered B's land for lawful purposes. B commands A to leave, but B parks his ATV behind A's vehicle, obstructing its only avenue of backing out to drive away (there are three other cars parked ...
8 votes
2 answers
1k 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 ...
2 votes
1 answer
87 views

Is it criminal trespass for a person who is otherwise allowed access to property to violate the owner's policy?

I have found myself wondering about this while looking at online discussion of the recent incident in which a US Senate staffer (allegedly) taped himself having sex with someone else in a ...
-1 votes
1 answer
91 views

what kind of thing would nulify a criminal trespass warning

I live in Atlanta, Ga. One of my neighbors was recently taken to jail for a criminal trespass. He entered the property and was there for about two hours the police were called. what is the law on such ...
1 vote
1 answer
209 views

If one is asked to leave a private premises can one take time to prepare to leave before lawfully being subject to forcible removal?

Bob is “politely asked” to leave a shop, but takes some moments to gather up his belongings. Charlotte is politely asked to leave a restaurant but finishes chewing the mouthful of food that she has ...
-5 votes
1 answer
117 views

Is a crime committed by using a made bed in an unused bedroom?

Bob once noticed that a particular door’s remote entry system was misconfigured (thus not properly locking the door upon it being closed) at an inpatient facility and that upon entering, there is a ...
-5 votes
2 answers
233 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 ...
0 votes
1 answer
125 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 ...
2 votes
5 answers
503 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 ...
-3 votes
1 answer
203 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 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 ...
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 ...
0 votes
2 answers
90 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
155 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 ...
2 votes
1 answer
76 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 ...
-3 votes
1 answer
106 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 ...
-2 votes
2 answers
109 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 ...
4 votes
2 answers
471 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 ...
5 votes
1 answer
337 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 ...
-1 votes
1 answer
537 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 ...
1 vote
1 answer
142 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 ...
21 votes
5 answers
6k 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, ...
12 votes
4 answers
738 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 ...
20 votes
4 answers
40k 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 ...
7 votes
1 answer
862 views

Do milk crates have registered owners?

Is there an actual milk crate registration system? What is the law by which use by other than the registered owner is punishable? Is there an index I can use to see who these milk crates are ...
2 votes
1 answer
155 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 ...
2 votes
1 answer
149 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 ...
2 votes
2 answers
309 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 ...
1 vote
3 answers
6k views

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.
33 votes
2 answers
9k views

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 ...
-2 votes
1 answer
336 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 ...
0 votes
1 answer
112 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....
2 votes
2 answers
648 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 ...
4 votes
0 answers
1k views

Trespassing in Portugal

In Portugal, if people trespass property, what are the legal implications? For example, If a person opens my gate and enters my yard to knock on my door, is he trespassing? If a person enters my ...
29 votes
7 answers
13k 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 ...
0 votes
1 answer
86 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
337 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 ...
1 vote
1 answer
296 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.
9 votes
3 answers
656 views

Does a person have legal recourse if a drone is trespassing?

I have a 10 foot privacy fence around my property. There are no trespassing signs on all four sides. One of the neighbors keeps flying a drone over my yard like they are casing the place. Do I have ...
4 votes
3 answers
2k 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 ...