CYA Disclaimer: The following is intended for reference purposes only and not as legal advice.
What is "trespassing", anyway? Most of us think we know. But the more you think about it, the more complex it can get. For example, could you be sued for trespassing on property that you are the owner of? Of course you could! If you rent it to someone else, you might have only a limited right to enter the property (for inspection or repairs, for example). If you enter the property for any other reason (or without proper notice) you might find yourself being told "Yew git off your property!" The point is that the concept of trespassing protects possession, and not necessarily ownership.
Another unique point of trespassing law is that liability is absolute. If you take an umbrella from a restaurant when you leave believing it is yours (because it looks just like yours), you have not legally stolen anything even if the umbrella belongs to someone else, as long as you can established that you reasonably believed it was yours. On the other hand, if you build a shed on land that you believe is yours (because the map given to you by the local land office indicates that it is yours), you are a trespasser even though there's no way you could have known that the land wasn't yours (there are hidden complexities to this which are beyond the scope of this article). Note that the amount of damages might be less if your trespassing was unintentional. They may even be nominal (e.g. one dollar) if your trespassing did no harm. On the other hand, a "non-volitional intrusion" is not trespass - if you tripped over a stone and fell into your neighbor's yard, for instance.
You are also not trespassing if you have a legitimate invitation - and invitations can be implied rather than actual. That is why you can't sue your mail carrier for walking across your yard to deliver your mail without permission.
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Interior painting requirements for rental property ...
By: lmael1 | 03-10-2008
interior painting requirements for rental property in New Jersey. Is landlord responsible for painting every3 years. Is tenant responsible to repaint as a condition of vacating a rented space at the end of lease (after 4 years of rental)
Who has the right to bring a holdover proceeding
By: tried to sell | 02-10-2008
who has the right to bring a holdover proceeding
Short sale house, bank screwing with us
By: LIZ | 19-09-2008
HI,We have a contract to buy a short sale home in Florida. We are approved and ready to close. We were trying to confirm for monday to close with the owners bank but now all of a sudden the owners bank wants them to sign a $65k promissary note and agree to pay $180 a month for 30 years or they will not clear the title to close. Which gets all the banks money back. The owners bank scheduled us to close on the 2nd of sept. but we had to delay it. This was a non issue then. Now we are ready to close and all of a sudden this is an issue. Can they do this? We have had a contract wth their bank for almost a month. We waited for their bank for 3 months to even get the contract approved on their end. Their bank raised the asking price $20k we said ok. Now we have been waiting 4 months since the original contract with the owners to get this house believeing everything was in order, we were set to close on monday and now they pull this out of thin air. We have ended our lease where we are at and have to leave in a week and we are using down payment assistance, which their bank has agreed to do and that gets taken away on sept. 30th. due to the housing reform bill. Can they not sell us the home if the current owners do not do what they want even though we have a contract? Thanks.
How do I file easements by necessity paperwork in WAshington state.?
By: paul | 19-09-2008
How do I file a easement by necessity filing in washington state?
Adverse impact study of shopping centers on a small community
By: Jkpetitt | 16-09-2008
I need to study the direct econoomic impact on a small residential community, should a 42 acre shopping center be built,how would i doo that?
HELP!!!!!Y NEEDS HELP!!!!!!!
By: help riley | 10-09-2008
a notice of default was filed with the county on 8/28/08. I made a payment and a notice of recission or cancel was filed on 9/05/08. does that mean that the lender withdrew the notice of default? Is my property OK?
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