where do you draw the line on what is tresspassing?

   / where do you draw the line on what is tresspassing?
  • Thread Starter
#21  
yep... i've heard the same story. sold cheap.. no takers.. machine parked 100' from the road with 10pt flyspec phone number on a business card sized for sale sign.. gate locked????

soudnguy
 
   / where do you draw the line on what is tresspassing? #22  
Me- if it is parked out front with a For Sale sign it is fair game to look at. I personally would not jump a fence or open a gate without permission though...
 
   / where do you draw the line on what is tresspassing? #23  
Me- if it is parked out front with a For Sale sign it is fair game to look at. I personally would not jump a fence or open a gate without permission though...

As I said earlier in my initial response, entering the property is okay, WITHIN REASON.
 
   / where do you draw the line on what is tresspassing? #24  
Me- if it is parked out front with a For Sale sign it is fair game to look at. I personally would not jump a fence or open a gate without permission though...

I initially overlooked the fence. I wouldn't climb it either. Pretty poor planning on the seller's part.
 
   / where do you draw the line on what is tresspassing? #25  
I put up a For Sale sign on bare land (no structures) and wrote, "Shown by Appointment Only," along with my telephone number. Most everyone called about the property, but a few people did not and walked out onto the property. As a seller, you cannot insult nor rebuke a potential buyer too strongly. That would ensure they won't be a buyer. I found that when I located someone looking at the property without permission, I would tell them that since the property lines were not clearly marked, I could not guarantee they had seen the correct property. I also warned them that the neighbors might not like somebody crossing onto their property from mine. Folks quickly got the point as to why I wanted to be there. If I had time, I'd give them an impromptu tour, or if not, I'd offer to make an appointment.

I see things posted for sale inside people's fences all the time. If there is no fence or if the vehicle is right at the fence, they probably don't care if you examine it as long as you walk through a gate and don't climb their fence. When I see something parked back from the fence, it's a subtle hint to me that they really want to know when you are looking at it and you should go up to the house or call a posted number. As a buyer or seller, common courtesy can go a long way.
 
   / where do you draw the line on what is tresspassing? #26  
If the item is within a fence and gate I would not cross either. If I could not see the item for sale I would just leave a note with my phone number.

If the property is posted in NC the sign does have legal consequences.

Depending on the layout of the fence, house, outbuildings, etc, the trespass charge can increase or decrease. A posted sign might not be required depending on the curtilage. Curtilage is the area around a house and does not have a precise definition. If there is a fence around a house and you cross that fence a posted sign in NC is not always required for a trespass charge. If the fence was chain link four feet tall in the front yard and the fence was crossed that could be a lesser trespass charge. If the fence was a six foot tall wooden privacy fence in the backyard that would most likely lead to a higher trespass charge since there is a greater expectation of privacy and security because of the fence.

A posted sign would carry more weight for the charge but it is not always required when you start dealing with the curtilage around a house.

A for sale sign would make things interesting for the Judge. :laughing: There is nothing that I need to buy that would make me do anything that risks a trip in front of a Judge. :D

Besides if they property owner has a fence they want privacy. Leave a note.

Later,
Dan
 
   / where do you draw the line on what is tresspassing? #27  
(BTW - walking on someone elses land that isn't fenced or posted, is NOT trespassing and is legal UNTIL you tell the person to get off and they don't. Then it becomes trespassing).


That varies from state to state.
 
   / where do you draw the line on what is tresspassing? #28  
I can see the headlines tomorrow.. tractor shopper mistaken for peeping tom.. details at 11.. :) :)

At least you were peeping at a deer.... (John)

Intersting question. I think if there was a fence, I'd stay on the outside of it. If there is no fence, I'd park my car closer to the end (road) of the driveway, rather than snug up near their home.

This in fact happened to me. Guy on a busy 4-lane road, has some tractors parked near the road. His gravel driveway goes right up so to get off the 4-lane road, you really have to pull WAY over on the shoulder (which is what I did) or use his gravel drive.

The machines are parked within maybe 50' of the paved road and there is no type of fencing anywhere.

So, I pulled over, put hazzards on and walked to the tractors. The entire time, I kept looking at the two houses to see if someone would come out. Never happened and I was only mildly curious, so I left.

Had there been a fence, I would have felt that to mean, stay out.
 
   / where do you draw the line on what is tresspassing?
  • Thread Starter
#29  
yep.. always makes me wonder why people posting something for sale will pull them soooo far away from the fence line.. and then lock t he fence.

soundguy
 
   / where do you draw the line on what is tresspassing? #30  
It's nice to read posts about people respecting other peoples property. Seems to be a lost art these days.

I agree.

Unrelated story: This was about 1979/80. I had a dirt bike & wanted to ride in an area that we noticed. I was not about to just drive my trailer over there and have at it.

I ended up doing some research to find who the owner of this tract of land was (not so easy back in the analog days of dialing the phone and no internet to help).

Turns out it was some physician.

Although he denied us permission to ride on his land, he did take a moment afterwards and said he did at least, appreciate that I was thoughtful enough to call and ask his permission beforehand rather than beg forgiveness afterwards.

He seemed like a straight up, nice guy.
 

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