102

Trespassing requires that you be on someone else's property without their permission. The supervisor has explicitly given you permission, so it's not possible for you to trespass. You are correct that someone with the proper authority could revoke this permission at any time, at which point you would have to leave or be guilty of trespassing. The only way ...


68

Maybe, Hence the Lawsuits In the absence of clear statute law these all circle around tort law. For the scooter companies, trespass to chattels, and for the affected landowners (who hire the removalists) trespass to land and nuisance seem applicable. In essence, I can’t take your stuff (trespass to chattels) but you can’t leave your stuff on my property (...


53

Trespass to land in most instances is a civil matter, and as such the police do not have the power to assist. Initially, the landowner should ask the trespasser to leave the land and if he/she does then all is well. If he/she refuses to leave the land then you will need to consider taking civil action. It could be dangerous for the landowner to try to remove ...


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". ...


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. ...


35

So, in England and Wales your son assaulted Mario. (From Wikipedia: "Assault is committed if one intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence". I expect Mario expected your son was going to thump him, and that would certainly be unlawful.) You were both trespassers on the property; however it sounds ...


34

...a disgruntled customer walks into the employee only area and refuses to leave until xyz demands are met. That is called trespassing. Trespass is defined by the act of knowingly entering another person’s property without permission. Trespass | Wex Legal Dictionary | Legal Information Institute The boundary between areas legally accessible by the ...


28

It depends. If you child is actually a child, then if someone refuses to return your child to you upon your request, you are arguably acting to prevent a crime, which gives you some leniency in terms of use of force. Also makes it less likely you’ll be charged even if you technically broke a law in the process. You are not going to court if you walk into ...


28

This would seem to fall under "negative" freedom of association; that is, the freedom to not associate with certain other people. This article discusses the matter in the context of individuals who refused to join a trade union: the ECHR decided that the right to not join a union is just as much a part of freedom of association as the right to join ...


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 ...


22

Your rights notwithstanding, the government has the power to do such things under appropriate circumstances. First, you would have to be in violation of some ordinance, for instance in Columbus OH you are a violator if the grass is over 12". This should generate a notice informing you what the issue is and giving a deadline for remedy. If you don't comply by ...


18

My general belief is that in the United States entering structures like the ones you've pictured would be considered trespassing regardless of if there is a sign in place or not. This is based on the fact that I'm almost certain that if you become injured while on the premises you could sue the land owner. I believe the trespassing signs are just there to ...


17

if a postal police officer happened to be there one day, he'd [...] question the supervisor I'd say the post office people, and esp. the supervisor, are at much higher risk than you. If, by some policy or law or whatever, what you do was actually prohibited, then the supervisor and staff would likely get into trouble for allowing you there because it ...


16

In the UK, trespass (except in places like nuclear plants and railway lines) is a civil offence not a criminal offence, and so you can only be sued for compensation for any costs the landowner incurred as a result of your trespass, and you can't get a criminal record.


16

If the ex-wife had a legal right to occupy the house, then the ex-wife also had the legal right to invite in others. Removing the wife’s right to occupy the house would be part of the judge’s divorce decree, but if the wife did not have another primary domicile arranged, forcible removal would be an eviction which would, itself, need to run its own legal ...


15

Most jurisdictions define trespassing as being immediately trespassing if you are somewhere you have been previously warned away from (kicked out of the mall) or where there are signs posted denying permission to enter certain places where it's obvious, such as a private home certain places defined by law as not needing signs because signage would be ...


14

If they tell you to leave and you do not it is trespassing, but all you have to do is say OK and leave if they ask you to go. Anyone complaining about that is immature.


13

You clearly committed trespass and assault; other charges such as burglary and threatening behaviour are possible, depending on the view of the authorities. It would be possible for your defence lawyer to argue that you were acting to prevent a crime, and if the court accepted the argument you would be acquitted. However, it is not a crime for Mario to ...


11

In many countries (for instance, the US), churches and mosques are private property. In general, the owner of private property can throw anyone off their property; claiming you're doing an extensive period of praying doesn't matter, because they are under no obligation to let people stay as long as needed to pray (they can kick someone off the property for ...


10

In Germany, the organizer or someone designated by them can exclude people from the event, but enforcement is up to the police. A police coordinator will be near the organizer during the entire event. Stewards report disturbances they cannot clear themselves to the organizer, who then coordinates with police. A good summary is on the ver.di website. In ...


9

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 ...


9

I would serve the parents (certified mail), with a "cease and desist" letter, telling them that the children are repeatedly trespassing on your property and that you want them to stop; even get the police involved if you have to. I know it sounds harsh, but you said New England; that's where I live and I know the trespass laws are not in your favor ...


9

The New Hampshire law against trespassing says I. A person is guilty of criminal trespass if, knowing that he is not licensed or privileged to do so, he enters or remains in any place. State law does not specify what conditions constitute having license or privilege. The Franklin city code specifies one form of privilege. A:The Fire Chief or his or ...


9

Is there a way for us to prevent the sale of the house until they have moved the fence? For example, it seems that filing suit against the current owners doesn't necessarily prevent the sale, and that the suit would be pointless after the sale is complete. You can't prevent the sale, but if you file suit to adjudicate the boundary dispute and file ...


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

For the most part, if you don't do any damage to the property, or yourself, and don't get caught, then I don't think you've anything to worry about. As others have mentioned, liability is a property owners primary concern when it comes to vacant, condemned, or abandoned properties. Even if they don't get sued, if someone breaks their neck parkouring on a ...


8

You did not specify your country of origin, but in England there is actually no law against simply "trespassing". However, the fact that your son has broken into private property and then threatened Mr. Mario, he would be vulnerable to charges related to Aggravated Trespass under the Criminal Justice and Public Order Act 1994. If he physically assaulted Mr. ...


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

None of this discussion about the signs amounts to anything, really. All of these questions will vary by jurisdiction, but typically, you can stand anywhere in any privately-owned store and be asked to leave and refusing to do so would be considered trespassing. The existence or not of a sign is irrelevant to a trespassing case. The sign exists to notify ...


7

Why would he not have been charged with "housebreaking"? In england-and-wales neither "house breaking" nor "breaking and entering" are legal terms: the offence is called burglary contrary to s.9 of the Theft Act 1968 which in 1983 was: (1) A person is guilty of burglary if— (a) he enters any building or part of a building as a ...


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