101
No. This would not be illegal.
You are not trespassing or breaking and entering since you have permission to be on the premises, and you are the rightful owner of the guitar so you are not depriving him of property that belongs to him.
If you did this with the assistance of a law enforcement officer, rather than Bob's family, without a court order ...
50
If you are arrested for assault, you have available to you the defense of the right to defend real or personal property: you "may use reasonable force to protect that property from imminent harm. Reasonable force means the amount of force that a reasonable person in
the same situation would believe is necessary to protect the property from imminent harm". ...
45
Ohwilleke's answer is good, but there is a further point to consider.
You say that Bob is your ex. Are there grounds for him thinking that this guitar was a joint purchase while you were a couple, and hence that he has a right to it? If it could be a joint purchase, you would not be stealing it back - but nor is he. You could potentially end up being sued ...
36
What is the legality of someone putting a virtual hot spot on your property without permission? I know we are in uncharted territory but how would this compare to setting up a contest that would require going on your property without permission?
The existence of a game does not authorise entrance to private property, barring some agreement with the owner.
...
36
You cannot pass on better title than you have
The fraudster (B) in this scenario does not have good title in the car and so the thief (C) doesn't either: 1) because they are a thief and 2) because the person they stole it from didn't own it. If C had paid B for the car then C would still not own it because while they are no longer a thief, B still doesn't ...
26
Maryland has no law requiring a neighbor to not plant / trim trees that might shade a solar panel (on the ground or on the roof). There are laws against deeds, declarations, covenants, contracts etc. (excepting registered historic properties) which prohibit of roof panels (e.g. as part of a HOA's rules). The law also recognizes the right to enter into an ...
24
There are two very important points you should keep in mind here:
You are not under any obligation whatsoever to investigate the owner of a vehicle parked on your property.
You have full rights to tow any unauthorized vehicle off of your property.
So, by far the easiest thing for you to do is to shift all responsibility off of yourself. Make it somebody ...
23
Legally, yes.
Under Penal Code 198.5, California follows the Castle doctrine, meaning there is no duty to retreat if a resident confronts an intruder inside the home. Residents are permitted to use force against intruders who break into their homes, or try to force their way in.
A legal presumption means the prosecutor in a case must prove that the resident ...
20
Laws regarding billboards and advertising are very local in nature and are typically handled under city/county zoning ordinances. Start with calling your local county zoning office. They will tell you the city/county laws regarding your particular residential zoning overlay, if city or state laws supersede county laws, and recent changes in law that might ...
16
In the UK it is an offence to cause a computer to gain unauthorised access to any program or data held in any computer (s1 Computer Misuse Act 1990).
It seems likely that other European jurisdictions have similar laws. Certainly Germany does: Penal Code 202a data espionage (German text - English translation). (I mention Germany because the linked thread ...
15
I am not a lawyer. I do not fully know of the current case law or climate of this type of law in Maryland. The cause of action you are looking for is private nuisance.
“Section 821D of the Restatement (Second) of Torts (1979) defines a private nuisance as a nontrespassory invasion of another’s interest in the private use and enjoyment of land.” See Echard v....
13
Everything may theoretically vary by jurisdiction, which you haven't specified.
Stolen property remains the property of the lawful owner.
Assuming that Person A can demonstrate their lawful ownership, person A gets the car back.
If the car has been damaged or destroyed, person A may sue persons B and (possibly) C for restitution to cover the loss. In ...
12
California has a particular set of regulations addressing coastal land ownership, detailed at https://www.coastal.ca.gov/laws/
In short, everything below the high-tide mark along the coast is public access. If you own coastal property, you don't own anything below that point and you cannot prevent public access, as explained in Why California's Beaches are ...
12
They aren't "imposing tax laws at the state level", and the states are still perfectly free to award whatever credits they like. There's a more complete explanation here.
Before 2017, if you paid, say, $30,000 in state taxes, you could take a $30,000 deduction from your federal taxable income, thus reducing your federal income taxes by some fraction of $...
11
The fundamental question is whether children can own property: they clearly can. See Cyclopedia of Law and Procedure (I improved the link so it can be more easily read).
As a general rule any property acquired by the child in any way except
by its own labor or services belongs to the child, and not to the
parent
McClosky v. Cyphert, 3 Casey (27 Pa.) ...
10
The Pokemon was never in your property! It was displayed on a map as though it was on your property, accessed by feeding the coordinates of your property through the app along with other game data. You do not own your coordinates. The fact that the game encourages people to physically visit the coordinates is an entirely separate issue.
10
In Civil law jurisdictions, the heir of a deceased person will generally inherit all the possessions, rights and obligations - this may include debts.
So if a borrower passes away, the lender will typicall find out who is the heir, and ask them to pay. The heir will be required to pay, and the creditor can use the usual channels (reminders, collection ...
10
The Google TOS says, applicable to creation of accounts:
You may create your own Google Account, or your Google Account may be
assigned to you by an administrator, such as your employer or
educational institution. If you are using a Google Account assigned to
you by an administrator, different or additional terms may apply and
your administrator ...
10
There are two issues, one is the legal issue of whether what you are doing is a crime, and the other is the evidentiary issue of proving that that is what happened.
If you take the phone home with the intention of keeping it ('finders keepers') then you have committed larceny (sometimes called 'theft', sometimes correctly). This specific type is called '...
10
If you are prevented from entering the property on the day the contract says the tenancy begins that is a breach of the contract.
If you suffer a loss as a result of the breach, you are entitled to be restored to the position you'd be in had the loss not occurred. For example, if you had additional removal fees and a hotel bill resulting from this breach, ...
9
This is a general common law answer; specifics in California may differ.
Yes, they are committing the tort of trespass and you could sue them for whatever damage they did to your property; probably nothing.
On the other hand, if you keep the ball, you are committing the tort of detinue (wrongful detention of another person's goods when the owner has ...
9
Probably not.
Overview
You haven't specified a jurisdiction. I will talk about Australia because that's what I'm familiar with.
In Australia the most relevant area of law would be tort, specifically negligence. The university would be liable to pay damages if a court found that it owed a duty of care to your friend, that it breached that duty, and that ...
9
This is not a law answer but it feels wrong to make it just a comment.
Don't do this.
I know quite a few criminals. My dad is in jail for 25+ years. My brothers, uncles, and cousins have rap sheets (arrest records). The Royal Canadian Mounted Police (RCMP) know of me. The best way to minimize damage and harm is to not escalate. If someone tries to steal ...
8
First off, I wouldn't assume that this is always a prank. This is a rather infamous tactic used by bike thieves. These thieves add a second lock to "discourage" the owner from taking their bicycle, wait a few days, and then remove both locks, thus stealing your bike. Don't wait, get your bike out right away.
As long as this is your own bike, you don't have ...
8
I think you would have difficulty distorting the situation - Pokemon Go is not magic that defies existing laws, and this would be no different to a mall issuing a trespass notice (which is effectively how they would kick you out) for any other reason.
I would question the ability of a store to "Arrest" you - that is a job for the police - After they ...
8
There is commonly a law like RCW 69.50.309 which says that
A person to whom or for whose use any controlled substance has been
prescribed, sold, or dispensed by a practitioner, and the owner of any
animal for which such controlled substance has been prescribed, sold,
or dispensed may lawfully possess it only in the container in which it
was ...
7
In the U.S. (42 U.S. Code § 2000): proprietors of "public accommodations," which include retail establishments like shopping malls, cannot discriminate on the basis of "race, color, religion, or national origin." Some states add additional protected classes.
So, suppose you satisfy a court that playing Pokemon Go is the exercise of your religion. In that ...
7
Ownership of coastal land is controlled by the California Civil Code, which reserves land below the mean high water mark to the state:
Section 670:
[670.] Section Six Hundred and Seventy. The State is the owner of all land below tide water, and below ordinary high-water mark, bordering upon tide water within the State; of all land below the water of a ...
7
There are a number of rules related to trespassing vegetation, reviewed in Lane v. W.J. Curry & Sons, 92 S.W.3d 355. Virginia law was set in Fancher v. Fagella, 650 S.E.2d 519, that
encroaching trees and plants are not nuisances merely because they
cast shade, drop leaves, flowers, or fruit, or just because they
happen to encroach upon adjoining ...
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