trespassing?
A reader writes: “I’ve been cutting the yard of the vacant house next door. Does this open me up to any legal liability? What if I plant some trees?”
A reader writes: “I’ve been cutting the yard of the vacant house next door. Does this open me up to any legal liability? What if I plant some trees?”
“Virginia Code § 18.2-121. Entering property of another for purpose of damaging it, etc. — It shall be unlawful for any person to enter the land, dwelling, outhouse or any other building of another for the purpose of damaging such property or any of the contents thereof or in any manner to interfere with the rights of the owner, user or the occupant thereof to use such property free from interference. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.”
Basically, going on someone’s property and altering it without their consent puts you in violation of this code section. As a practical matter, I can’t seen anyone becoming too upset if you’re only mowing the grass; however, planting things, especially trees, may be considered a permanent alteration to property someone else owns. I wouldn’t do it if I were you.
It’s my understanding that unless you have a no trespassing sign on your property anyone can be on it including a fenced in back yard.
I hope that’s not true, lisa! Where did you hear that?
“Technically” you are not trespassing if the property is not posted. (Otherwise what would be the reason of “no-trespassing” signs?)
If anything, the Owner of the property is the one in grey zone of legal liability if you are on his property cutting grass. (knowingly or unknowingly)
If the property is not posted, you would not be cited until after the Owner complained.
The actual Richmond code:
“(a) If any person shall, without authority of law, go upon or remain upon the lands, buildings or premises of another or any part, portion or area thereof, after having been forbidden to do so, either orally or in writing, by the owner, lessee, custodian or other person lawfully in charge thereof, or after having been forbidden to do so by a sign posted on such lands, buildings, premises or part, portion or area thereof, at a place where it may be reasonably seen, such person shall be guilty of a class 1 misdemeanor.”
I can’t believe that anyone is allowed in my fenced in backyard without my permission. Is the Mack the cop around?
I do know if you care for someones property for a set number of years (I beleive 7) you can file with the courts and take ownership of it. You have to prove that you are the only one caring for this property during this time frame. It rarely happens, but this is law in most states.
A police officer told me the same thing about it not being directly illegal for someone to be on your property unless you had forbidden access by posting a no trespassing sign or telling them. He went on to describe what he said was a situation he had had to deal with on multiple occasions where realtors would be trying to sell houses for out of state folks and homeless would camp out on the property. Apparently two things were big factors. First, the realtors did not want to post big no trespassing signs, thinking, probably rightly, that would not entice buyers. Second, and more worrisome, the homeless folks would simply take down the signs and hide them. The burden was on the owner and realtor to prove they had it posted when the homeless folks decided to camp out which was near impossible, so they were hardly ever charged with anything.
Of course all of this is completely moot if the trespasser is committing some other crime while they are on your property.
Adverse possession of real property does not apply until you have 21 years of care for the abandoned property. You may claim ownership of abandoned personal property after 7 years.
If the property is not posted or you have not been warned to keep off the property, then this is not a trespass issue. It is an unlawful entry issue. You may not enter someone’s real property and “interfere with the rights of the owner . . . to use such property free from interference.” If they don’t want to cut their grass, you’re in technical violation of the law by entering their property and cutting it for them because you’re interfering with their right to have a jungle in their yard. Now, once their “lawn” reaches a height in excess of the statutory maximum in the City code, you can call out the zoning enforcement people and try to have them cited for violating that code provision.
As I said before, I wouldn’t get too worried about the occasional mow; but, you’re technically in violation of the law, and doing much more than mowing may cause you some problems.
You can cut my yard anytime you want!
Adverse possession is 15 years in Virginia.
Here is part of the legal definition of trespassing/unlawful entry from http://legal-dictionary.thefreedictionary.com/:
“Every unlawful entry onto another’s property is trespass, even if no harm is done to the property. A person who has a right to come onto the land may become a trespasser by committing wrongful acts after entry. For example, a mail carrier has a privilege to walk up the sidewalk at a private home but is not entitled to go through the front door. A person who enters property with permission but stays after he has been told to leave also commits a trespass. Moreover, an intruder cannot defend himself in a trespass action by showing that the plaintiff did not have a completely valid legal right to the property. The reason for all of these rules is that the action of trespass exists to prevent breaches of the peace by protecting the quiet possession of real property.
In a trespass action, the plaintiff does not have to show that the defendant intended to trespass but only that she intended to do whatever caused the trespass. It is no excuse that the trespasser mistakenly believed that she was not doing wrong or that she did not understand the wrong. A child can be a trespasser, as can a person who thought that she was on her own land.”
My advice: NEVER trust legal advice given on a Web site; consult a lawyer.
My question is this. A neighbor is having issues with her immediate neighbor over a right of way between the houses. For 30 years it has been hers. Looking at Sanborn Insurance maps shows this property to the right of her house to run up to the wall of the house next to her. In the 1940s mail was delivered to the back of houses and this was also the case. But current maps seem to have moved that line the opposite direction up to her wall. In short, the new owners of the house next to her has fenced her out and posted a No Trespassing Sign. Now she is in need to do repairs to that side of her house but how as he has warned her to stay off. I would think that there should be a neutral zone between houses just for maintenance purposes. The electrical meter has to be read through there and the Dominion guy trespasses to do it!
Eric
I have contacted the Coalition for Unlawful Timber Lawn and Weed Nullification Society (CUTLAWNs) which serves as a legal advocate for the rights of all plant material to grow free and tall from blade, weed killer, saw, or any other object that violates their right to keep their roots in the ground and to keep reaching for the stars.
RE: Trespassing. After a recent petty-theft in the house I am restoring the police suggested that I file a standing “no trespassing warrant”, which gave the police the right to immediately arrest anyone on my property. That was in lieu of the no trespassing sign, or someone being able to say that they didn’t see the sign. The Church Hill police have been wonderful ever since in keeping watch over the house.
Eric – I can sympathize. I had a “half” alley behind my house when I moved here in ’92. Two years ago, a contractor rehabbed the houses on the alley and “removed” the alley by claiming it as part of the yard of the restored house, fenced it in, and blocked all access. I did not know how to prevent it back then and I am still upset that the alley has been removed.
Eric, if I am not mistaken, power companies and utility readers and the like are given easement to read meters and conduct the necessary business to keep things running.
Eric,
if your neighbor can afford it, she should speak to an attorney and have a title company check out the situation–if there was a formal agreement between property owners at some point in the past, it should have been recorded. She should definitely check to see if there is some provision of Virginia law that allows her to perform repairs to her property.
Actually, even if she can’t afford to hire an attorney, your neighbor can go to Central Virginia Legal Aid (http://www.valegalaid.org/VA/index.cfm) to find information on pro bono or reduced-fee legal assistance.
She can also go to the John Marshall Courts building and do a title search herself, although it is a time-consuming process and can be pretty confusing sometimes. I’ve found, though, that the folks who work in the deed room are helpful and will show the inexperienced how to get started.
Uh, this person to whom Eric is referring has illegally “claimed” part of HER alley as a pet cemetery, and has herself been very unneighborly–she has called police on people in the neighborhood who have parked in the alley.
She also used to complain to other neighbors about them parking in front of her house, in “her” spot. I think she threatened police action, but can’t remember the details. Whatever.
DO NOT RELY ON ANY OF THE LEGAL INFORMATION GIVEN BY THESE FOLKS BEING TRUE! “Because I read it on Church Hill People’s News” is not a good defense.
The next time you see a police officer drive by your house, stop him and ask him – he’ll know.
Are you kidding? I would never rely upon legal advice from cops. They are not trained or qualified to give legal advice –and what they chose to enforce is often not the extent of what is actually prosecutable. Ask a lawyer.
And use your common sense. Obviously, if someone’s yard is fenced in, you are not welcome there without an invitation.
I have a small alley between my house and the neighbors that was described in detail on my original sale paperwork. It said I owned the alley and the first brick of a 3 brick structure on the neighbors house. I have not had to defend my ownership as my neighbor and I share access as if it were communily owned, but I would think the title company would have pointed out the mistake had it been one. I can remember reading the verbiage thinking, I dont ever want to have to tell the neighbor “I technically own the outside brick on your house”!
B- you probably don’t want to advertise that you own the exterior cladding of your neighbor’s house! what happens when that wall has some structural issues, or needs repointing or whatever?? legally- it would be YOUR responsibility to pay for that! haha:) best to keep some things to ourselves;)
Alley Oop… I understand what you are saying about the “back alley” being a pet cemetery. She should not have done that, I agree.
As for parking in the alley, she is in the understanding that the back alley is a way for the fire department to access the back of the houses (though no truck could ever negotiate that turn) and should be open (which it should) for people who have back gate entrances, to be able to access them.
What I am speaking of is the walkway between houses – what I call the “Right” of way. Old insurance policies that were used to show property lines as late as 1952 that I have seen thus far, shows her line running up to the neighbor’s wall which she has now been fenced out of.
I am going to the courts myself to see who is in the right and already had the city pull plats to show where the lines currently are at. Have to see when the line shifted from one wall to the other or if it ever legally did?
In any event, it wasn’t right for the neighbor to bully her and just take things over without consulting first.
Eric
Alley Oop..
Oh, and BTW… from what I see on 1905 maps, there was a 60 car parking garage where Pritchard Bros. Used Car office is now and an old house still standing mid way on the Marshall Street side built about the time ours was. It was torn around 1925 and another garage and filling station added along with an alley that runs exactly as it does now… one that goes part way up off of Marshall to the back of 405 N 27th and stops. Then another running behind the building off of 28th Street (20 feet wide) but later land taken from the back of the houses facing 28th to make the turn (also 20 feet wide) running behind and between 27th and 28th but never came out on Clay as there has always been a house there so it was never an “alley” in the usual sense but originally access of the cars coming in and out of the original car garage which has entrances on that short part running off of 28th.
Eric
Anne… the problem with that (the meter reader) is that the fence runs all the way up flush to her property and is locked so the electric man can’t gain access that I know of?
Eric