if a person has a fence 5 feet from his property line (in other words on his property, but 5 feet from the actually property line), and his neighbor walks up to his fence can he claim they are tresspassing?
2007-03-06 11:08:58 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
No, because a reasonable assumption would be that the fence is on the property line and in order to prosecute a trespasser the property needs to be posted.
2007-03-06 11:14:46 · answer #1 · answered by Anonymous · 0⤊ 0⤋
My question would be "why the devil would anyone set their fence back five feet from their property lines when about all you have to do is to set it back enough to ensure you are on your property and the fence is totallty on your property.
2007-03-06 11:36:56 · answer #2 · answered by Polyhistor 7 · 0⤊ 0⤋
Technically, yes, unless the person was honestly mistaken as to to the property line (because trespass to land is an intentional tort). In addition, the person would have to be a trespasser (i.e. not someone the owner would have invited on his land as a guest or business associate). Finally, there'd have to be damages. Because while as an intentional tort, you can plausably get "nominal" (i.e. $1) damages plus punitives, no one would go to court just because a guy walked up to your fence -- there would have to be actual harm to your property.
2007-03-06 11:16:45 · answer #3 · answered by Perdendosi 7 · 0⤊ 0⤋
Yes, but in many jurisdictions you would have to actually post and mark your property lines.
2007-03-06 11:15:34 · answer #4 · answered by free_eagle716 4 · 0⤊ 0⤋
yes, but you would have to show some damages caused by the trespassing to get any recovery in court.
2007-03-06 11:15:15 · answer #5 · answered by rollo_tomassi423 6 · 0⤊ 0⤋