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Trespassing


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#1 fresvic

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Posted 31 January 2010 - 09:15 PM

After reading the article on FindLaw, about how people have the right to stay on someones property if they had permission from the owner. Does this apply to "squatters"?  Or does the person has had to actually pay rent, sign contract and then for some reason could not pay anymore, gives them the right to stay with the permission of the landlord compared to someone coming off the streets, sees that the property is up for sale or abandoned and they stay there because they think that no one will find out till later.  In other words a homeless person or persons,

#2 FindLaw_dave

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Posted 01 February 2010 - 05:01 AM

Please let us know which article on FindLaw you are referring to.
Someone staying with permission from the owner is quite different from a squatter or homeless person staying on abandoned or for-sale property.


#3 fresvic

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Posted 01 February 2010 - 09:25 PM

Trespassing Basics

Trespassing is a legal term that can refer to a wide variety of offenses against a person or against property. Trespassing as it relates to real estate law means entering onto land without consent of the landowner. There are both criminal and civil trespass laws. Criminal trespass law is enforced by police, sheriffs, or park rangers. Civil trespass requires that the landowner initiate a private enforcement action in court to collect any damages for which the trespasser may be responsible (regardless of whether a crime has been committed).


Intent and Knowledge Requirements

Traditionally, for either type of trespass -- criminal or civil -- some level of intent is required. Thus, the trespasser must not simply unwittingly traverse another's land but must knowingly go onto the property without permission. Knowledge may be inferred when the owner tells the trespasser not to go on the land, when the land is fenced, or when a "no trespassing" sign is posted. A trespasser would probably not be prosecuted if the land was open, the trespasser's conduct did not substantially interfere with the owner's use of the property, and the trespasser left immediately on request.


Express Consent


The landowner may indicate -- verbally or in writing -- permission to enter onto the land.


Implied Consent


The existence of consent may be implied from the landowner's conduct, from custom, or from the circumstances. Consent may be implied if the landowner was unavailable to give consent, and immediate action is necessary to save a life or prevent a serious injury.


 


This is from FindLaws section about "Trespassing", I hope you don't mind that I copied it to this reply. The person who used to own the property lost it to forclosure and not a contractor owns it.  One of the tenants let these people stay because they are homeless and just met them off the streets.  The tenant who let them stay there does not have the authority to say they could stay, in fact they, along with another tenant were evicted because the owner lost the property.  The contractor who now owns the property has told these people to leave, bringing the Sheriff's to remove them. For some reason they had given them up to a certain date to vacate the property. That day came but again, gave them another week to leave.  I do not know what these people told the Sheriff's or the new property owner that led them to let them stay.  I do not think the new owner's realize that they had never rented, do not intend to pay rent and convinced the new owner of the property that they had rights and at one time were paying tenants.  I know that the new property owner does not know they are homeless people or "squatters" The reason for my concern is that they are a problem for my neighborhood, like fights, up at all hours, having "bon-fires" and letting other "riff-raff" in. Our neighborhood consist of homeowners and family oriented.  Yesterday morning was the final day for them to comply and leave with the Sheriff's escort but a few hours later they were back.  I couldn't believe this news. I came home from work around 4:30 p.m. and they were still there.  What's happening here and how do they get away with this? 






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