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Quoting from the article, "On appeal, Ellyn contended that the “For Sale” sign created an implied representation that the public was requested, expected, or intended to enter the premises. The court of appeals disagreed. The court of appeals found that the “For Sale” sign created only an invitation to contact the listing agent, not to enter the property. [...]"
The case was a personal injury case, and had little to do with trespassing. And the plaintiff (yes plaintiff) certainly wasn't punished for trespassing. The case was about an interested buyer showing up at a house for sale (albeit uninvited), sustaining injuries, then suing the homeowner for damages. The Court of Appeals denied her claim because she was uninvited. Nice try at a snow job though.
The case was a personal injury case, and had little to do with trespassing. And the plaintiff (yes plaintiff) certainly wasn't punished for trespassing. The case was about an interested buyer showing up at a house for sale (albeit uninvited), sustaining injuries, then suing the homeowner for damages. The Court of Appeals denied her claim because she was uninvited. Nice try at a snow job though.
So, the sign was deemed NOT to be an invitation by a court, but actually IS an invitation as long as someone doesn't get hurt or doesn't sue because they were invited?
My neighbors are selling their home and it just went up on the MLS yesterday. They are out of town, but today I have been seeing people pulling up in the driveway, getting out of their cars, and wandering all around the yard. There is no agent showing them around; they are just trespassing. Our houses are only about 20 feet apart, there is no fence, we have a shared garden path on the property line that we both use to access our respective back yards, and it is freaking me out a little to have random people wandering around right outside my windows, no doubt inspecting my back yard as well as the house that is for sale, etc.
Is this kind of trespassing *normal* nowadays? It never would have occurred to me to do anything so intrusive when house-shopping myself; if I wanted to do more than look at the house from the public sidewalk, I would have called the agent for a showing. I don't want to interfere with the neighbors' ability to sell their house, but would a "No Trespassing" sign in that area be useful/appropriate?
First of all, by having a "shared garden path" between your two homes is inviting problems, especially if you think no one should be using it. The owner of the other home has signed an agreement to list their home for sale and that listing agreement likely allows reasonable access to the home and property for people interested in buying it. That reasonable access would include walking down that "shared garden path" to view the backyard. That sales agreement is all anyone needs to show that they have permission to use that walk. No cop or judge would touch this issue. You agreed to sharing the path with the neighbor and they agreed to allow people to use it to view the property. If you do not want people using that walk, then why did you allow it in the first place? IF you dislike people being within 10 feet of your home, why did you buy a home that is 20 feet of your neighbor's house? Sorry but you need to accept the fact that this is happening and there is nothing you can do about it. Furthermore I would suggest you be nice about this and not complain or antagonize anyone over this. The person that buys this house will be your neighbor and you will have to live with them whether you like it or not. Getting off on the wrong foot will not be good for you if you ever want to have any type of relationship with them or any of your other neighbors for that matter. Again if you do not like having people so close to your home, then I suggest you move to a more isolated place. Jay
unwelcoming neighborhood.
Obviously that house is going to sell very fast. Wasting police resources when you knew exactly why people were stopping is ridiculous. If they were throwing bricks then call the police, anything else is ludicrous. Must be a very unwelcoming neighborhood.
No,the neighbors just didn't think the owner would like that while they were away and they were correct. And the neighbors also didn't like the fact that when people walked beside the house that would be for sale they were also walking beside the house on either side that was not for sale. And walking by themselves, not with a realtor who generally keeps things in line and, if he/she doesn't, he/she would get in trouble for it. I guess there's just that extra level of protection whether perceived or real....and definitely that extra level of complaint. Again, this is in areas I'm familiar with.
No,the neighbors just didn't think the owner would like that while they were away and they were correct. And the neighbors also didn't like the fact that when people walked beside the house that would be for sale they were also walking beside the house on either side that was not for sale. And walking by themselves, not with a realtor who generally keeps things in line and, if he/she doesn't, he/she would get in trouble for it. I guess there's just that extra level of protection whether perceived or real....and definitely that extra level of complaint. Again, this is in areas I'm familiar with.
You should read the post by JayCT above.
Seriously, calling the police.... Over reactive neighborhood imo.
"The neighbors" aren't the ones selling their home. Just how do you know that one of those folks wasn't a realtor.
Seriously, calling the police.... Over reactive neighborhood imo.
"The neighbors" aren't the ones selling their home. Just how do you know that one of those folks wasn't a realtor.
Hard as it is to read, not being formatted well for reading, JayCT is also somewhat off the mark with his post.
Trespassers on the neighbor's property may well reasonably interfere with the OP's rightful quiet enjoyment of her property.
Criticizing her for a shared path, which is not all that uncommon, ignores that it is questionable if the visitors are actually allowed there.
"Reasonable access" does not include the public strolling around unattended, without permission from the owner who is out of town.
You should read the post by JayCT above. "The neighbors" aren't the ones selling their home. Seriously, calling the police....Just how do you know that one of those folks wasn't a realtor. Over reactive neighborhood imo.
I asked that. Kind of an interesting study. They asked the people wandering around. They weren't afraid to ask. They weren't hiding inside spying. They were at first doing yard work, sitting outside, walking, walking dogs, etc. Just a couple here and there at first.
They then also asked the lookers if they had permission to wander around private property. ( a lot of neighbors will tell at least the next door neighbors when they are going out of town and neighbors will hold each others keys)
That was interesting because none lied at least. They said things like they just got excited or they were looking at other houses and were upset they couldn't see this one and their realtors couldn't show it to them because it wasn't for sale yet and didn't have a lockbox. Funny and interesting.
So, like some kind of emergency, it appears they then thought they'd just have to take matters into their own hands and wander around the property looking in windows.
Word spread and the neighbors began to be more intentional about walking outside. In that area, the law enforcement has a good plan I've seen in several areas. They are friendly with neighbors and you can ask them for a few days to drive by on their shift route or to drive by on their way home or out. It really can be one good way to stave off problems.
I am not worried about people using the garden path if they are being shown the house by an agent who is authorized to do so, nor am I worried about my future neighbors and their guests using the path once they buy the property. What I *am* worried about is random people, not accompanied by an agent, who are simply trespassing in private areas of my neighbor's and my back yards, looking in our windows, and generally poking around where they have no business to be.
I really do not want to interfere with my neighbor's ability to sell his house, but neither of us should have to put up with random trespassers who are not serious buyers. (If they *were* serious, they would make an appointment to see the house with an agent in the proper way.) We try to be a friendly and cooperative community here and I will be happy to talk directly to any potential buyer introduced to me by an agent or the seller about the HOA, landscaping maintenance, etc. BTW, our covenants actually do include easements for mutual access along the property lines between the houses, but nobody would ever mistake the strip between our houses for a public right of way.
law : the crime of going on someone's land without permission
Technically, any time you go on another persons property WITHOUT permission beforehand, it is trespassing. Whether you "knock on the door" or not, is immaterial. If the owner then says it's trespassing, it is.
A listed house is part of a signed contract ONLY between the listing agent and an owner. You (general public at large) MUST have express permission of the OWNER or that agent, before you look over the property.
If you do NOT, it's trespassing!
Look up the laws yourself. Continue to do as you do, and eventually you could end up shot, or in jail.
Last I checked, Merriam Webster doesn't enact or enforce laws. Most states require that an area be fenced or conspicuously posted before one can be charged with trespass. If there is no fencing or posted signs, then you are in trespass if you refuse to leave when asked to do so by the property owner.
Last I checked, Merriam Webster doesn't enact or enforce laws. Most states require that an area be fenced or conspicuously posted before one can be charged with trespass. If there is no fencing or posted signs, then you are in trespass if you refuse to leave when asked to do so by the property owner.
In this particular instance, the city laws do not require that the area be fenced or posted for it to be considered trespass.
"It is unlawful for any person intentionally or knowingly: [...] To trespass or enter upon the land of another or in possession of another without the permission of the owner or the person in possession of the property, or, having lawfully entered upon the property, to remain on the property after having been directed by the owner or person in possession of the property to depart [...]"
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