O/T question for John T. country lawyer

If you are renting a piece of property, can you file trespass charges on someone?

You became the person in care and custody of the property through your lease agreement..you have the ownership of the use of the property as you see fit..if someone else invades that ownwership of use you can press charges..same as a dwelling house, you can order someone out of it and charge them with tresspass if they don't leave.

At common law when you are the leaseholder its pretty much legally the same as if youre the fee holder so YESSSSSSSSSS.

As a matter of Landlord Tenant Law and Contract Law, such can address these type of issues, but absent language or law to the contrary AGAIN ITS YESSSSSS you can bring an action for trespass......

You have been granted the use and dominion of the realty subject to the terms of the lease (any any applicable common or statutory law) and even if the owner violates the lease terms he or she (lots of subject to and other legal caveats) might be guilty of "tresspass"

It helps to post No Trespassing Signs as they provide better "Notice" to the offendor which in many jurisdictions might increase the damages you could be awarded.

BUT HERES THE PROBLEM IN THE REAL WORLD getting someone (who gives a rats A$$) to do something about it grrrrrrrrr. The cops may say get us proof or call us when its actually taking place or get us a Court Order or call the Prosecutor or its a civil matter on and on and on grrrrrrr. Same as Doctors or Lawyers or Teachers or Plumbers etc etc in any profession, there are police officers who may be extremely sympathetic and helpful if they get that call while others may recite any or all the above.....STILL ID GIVE THEM (and Prosecutors Office) A CALL TO FEEL THEM OUT AND SEEK THEIR FREE ADVICE and give such more stock then anything I or anyone here says..... A Court or police or prosecutor just isnt gonna be moved by anyone elses (unless the local Judge) "opinions" Legislators make laws and Courts interpret and apply it to the facts and they dont care much either what we here say or think lol grrrrrrrrrrrr

Here's my best quick short professional opinion/advice,,,,,YES you can most likely bring charges same as the landowner,,,,,,Post signs,,,,,,,,,Call the cops just to see what they say in your local jurisdiction, it may be call the prosecutor or file an affidavit of complaint (prosecutors office should have those) or heck they may actually offer to help (I NOR ANYONE CAN PREDICT THAT LOL IT DEPENDS ON YOUR LOCALITY AND THE CUSTOMS THERE),,,, Or its a civil matter.....Also Id check with the local prosecutor now BEFORE it happens to get his/her FREE advice because thats what really counts where you live, and is worth farrrrrrr more then my own or lay "opinions" here. We here nor you get to make that call, and what the cops or prosecutor tell you can be the most helpful and free advice you can get...

Even in Civil matters that are ripe for say a Small Clainms Action, if you are the leaseholder you have pretty much the same obligations and rights as the landlord

Best wishes, good luck and God Bless

John T in Indiana BSEE, JD "The Country Lawyer"

Of Course,,, that's a no brain'er, any time you rent, you have Full control of that property, unless your agreement with the owner says otherwise (( IN WRITING )) zeke

Have NO expertise as an attorney and I trust the old electrical engineer implicitly, but...........I'd suggest checking the laws in your jurisdiction. I've dealt with this all my life, having rented lots of property with woods, lakes, ponds, trails, etc. The trespass laws are changed around 'here' periodically; until recently, 'twas that all entry-ways had to be prominently posted and.......a 'no-trespassing' sign (of a particular size/shape/wording) had to be placed at prescribed distances apart around the perimeter. If it was a farm of several hundred acres, it wasn't worth the trouble. Didn't matter whether you were owner, renter, etc. You can file charges, but they may do no good.

Thank you. That's what I was looking for.

Unfortunately, you are correct about the police/DA's. Too often they want bigger fish to fry and don't want to be bothered with the small stuff.

Again, thanks for the info.

Got the info I needed. Thanks.

(quoted from post at 08:49:26 11/04/09) Thank you. That's what I was looking for.

Unfortunately, you are correct about the police/DA's. Too often they want bigger fish to fry and don't want to be bothered with the small stuff.

Again, thanks for the info.

Click to expand...

Just call 'em and say you need an ambulance cause you HAD a trespasser.
That oughta get someone there quick.

Dave

i know for a fact in Texas the land has to be posted [either sign or purple paint stripe/post] OR law has to catch and release and warn before charges can be filed...luckily i live in a county that "he needed killin" is still a defense and law does its job for the most part. good luck

It depends .... Nancy, you didn't describe the property or list your rental agreement. No lawyer can give you much of an opinion without knowing all the details. Besides that, you are in Texas and they do some strange things down there with their laws. Better ask your local lawyer.

I think John T and others have described the common law (not Texas law) and the realities of the situation. Some prosecutors won't file a case unless they have an officer see it. They don't want to get into a he said/she said feud between 2 civilians they don't know. Posting is usually required and pictures of the trespassers helps.

Anyone reading this thread should take a close look at their rental agreement. Renting a house gives you possession and control of the property and probably the right to post it. However a standard crop share agreement of 1/3 & 2/3, or whatever ratio you have, doesn't necessarily give the farmer/renter the control over the land to post it as his. Better have explicit permission from the owner on that. And renting a farm house to a renter to live in doesn't necessarily give the renter the right to control the landlord's farm ground around it. Again, better get explicit permission from the owner on that. For evidentiary purposes, the owner may have to appear in court as well to prosecute any claim for trespassing which causes problems with absentee owners. Around here with crop share agreements, many of which are oral, the owner still controls the property and decides who can come in and hunt, fish, or whatever and the farmer only has standing if there is some crop damage he can get someone for.

Even if you cash rent farmground, better make it clear in the lease who can control and deny access. Usually any trespassing issues involve hunters and fishermen and obnoxious neighbors.

You didn't say what the person did, but they might've broken other laws that are enforced by someone other than the police. It happened to a neighbor, he caught someone dumping trash on his property; the state police weren't interested in doing anything but the local game warden said that since the ground was not posted the dumping was treated the same as if it was on state land and he went after the offender - $300 fine.

Nancy - you mentioned cops not wanting to be bothered - We had problems with people making methamphetemine(sp) on our farm. Called the sherriff a couple of times - last call we overheard (on a scanner) the responding officer complaining about the "nuasance" call. I called the sherriff's office and explained what I had overheard. I asked him if he really considered this a nuasance(sp) call, and if he did I would take care of the situation myself. Also pointed out that our conversation was being recorded. He nearly jumped through his hat with his assurances that they would definately respond to any call I made, and he did NOT want me to take care of the situation myself. Even gave me his personal cell phone number. I know this would be worthless if I shot someone, but it helped to get them interested in stopping what was becoming a bigger problem as time went by. If you keep calling the cops, someday they will be as aggravated at the perp's as you are. Then they'll do something.

My experience

Sorry abt the spelling.
Paul

Youre quite welcome

John T

Depends on where you live, if you purchased exclusive use rights with your rent payment, and if you can prove the person actually knew you did not permit him/her to be there. That burden of proof is on you, not on the alledged tresspasser.

A big AMEN to that

Youre welcome, John T

Post no trespassing signs all around the property. Then a trespasser can't claim ignorance or worse yet, sue you. I say this from experience. Several years ago a sand pit owner used to allow dirt bikes to ride in the sand pit. He had no problem as long as they were respectable and didn't leave any garbage aound. Well, some idiot in a 4x4 went in and was driving around the top of the pit and went off the edge. He was badly injured and might have been killed(I can't remember). I heard there was a big lawsuit and the land owner was being sued because he was negligent and didn't have signs posted. I don't think the lawsuit was successful but no one is allowed to ride there anymore. The owner had no problems with bikes at all but even though he wasn't held responsible, he still had to pay big legal bills to defend himself. Dave

If you know who it is and if he did any damage then I suggest that you remember this old saying. "Do unto others as they would do unto you"
Walt

PS in Oregon you had better stay off private property if you want to live a long life.

Typical response from the donut munchers. UNLESS THEY can trample on the rights of a law abiding citizen, the ONLY interest they have in enforcing the law is:

A. Generating revenue with the least possible risk to themselves, or,

B. Taking YOUR property and abusing YOUR Constitutional rights at every opportunity.

Remember, to them, EVERYONE is a criminal. The only thing law enforcement is interested in is accruing MORE power.

Law 'enforcement' is NOT your friend.

Here's one for ya,,, had a neighbor post No Trespassing No Hunting signs on His Neighbors land, thinking it was his land,, he said, his GPS told him it was his land,

How accurate is GPS, looked to me it was about 4 acres off...