what rights do I have in entering someone elses property to retrieve something that is legally mine?

Answer 1

Probably none. It is up to the police to retrieve your items.

Answer 2

Very few. Just to correct JackieM above, who is wrong on Scots Law - there is a law of trespass in Scotland. It can be both a civil wrong as a delict, and a criminal offence. It's a complex area withoverlapping statutes -

Trespass (Scotland) Act 1965
Land Reform (Scotland) Act 2003
Public Order Act 1986

In essence, in Scotland you can now only trespass on land which is:

A) not a building AND
B) not within the reasonable curtilage allowed for security and privacy.

But see the recent Ann Gloag case to see that this will be situation dependent, and will probably be construed to include a garden.

So you have no right to retrieve your property from a building (house) or from the garden.

The correct action in Scots law is one of 'spuilzie' (pronounced 'spooly'), which is for the return of possession. If you take self-help enforcement and take possession back without a court order, this is a civil wrong and the person who held possession (albeit not ownership) can raise an action of spuilzie +damages against you!

So basically - you have no rights to enter property. Have a chat, and if you can't resolve it, get down to Citizen's Advice, or if you can afford it, onto a solicitor.

Answer 3

not many, really.
First, you'll have to prove that what is yours is not only on that property, but that it is, in fact yours. And remember, posession is 9/10 of the law. So, unless you have documented proof of ownership, good luck.
Secondly, you will most likely need a police escort anyway. If you live somewhere where they have better things to do, well, good luck again.
Don't just enter and take something. Even if you're breaking and entering to retrieve property that is indisputably your own, it is STILL breaking and entering. The law is [usually] fairly clear cut on cases of property.


Your best bet is to actually reason with the person who's property it is on to get it back.

Answer 4

None really unless you go to small claims court and have a judge order a turn over of your stuff to you. If you go without authority, they can jail you. Sometimes a good policeman will go with you in order to save a court appearance and try to help you retrieve your property. Just go to the police station and make a complaint and maybe someone will actually help. Do not try to retrieve property without a policeman or a court order and then you still need police to go with you.

Answer 5

I am not a lawyer and I don't know the laws in your area. But, if someone steals your bike and puts it in their house; you cannot break into their house and take your bike back.

Ideally you would discuss the dispute with the person who took your property face to face and try to work it out. If it is a child who stole your property you may have to deal with their parents. If it is an ex-partner, you may need to go to a lawyer to mediate between the two of you and work out a solution that you can both live with.

If necessary you may choose to involve the police. Be prepared to prove that you own the piece of contested property....a bill of sale for the bike, a credit card receipt paying for it the bike, a photo of you on the bike.

But, you cannot waltz into someone's house and take something without an explanation.
Good luck!

Answer 6

If it was a soccer ball that got kicked into his yard, I would go and get it. If it was something in his house or in a locked or private area, I would ask him to get it for me.

If he was uncooperative, I would file an Action in Replevin [a civil action] to get a court order to require him to deliver it to me.

Edited: 7/9/07

By the way, under Pennsylvania law, there are two forms of trespass which are punishable:

(1) unlawful entry of a secured or occupied building, a third degree felony if a person sneaks in, a second degree felony if a person breaks in; and

(2) "Defiant trespass" -- A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:

1. actual communication to the actor;
2. posting in a manner prescribed by law or reasonably likely to come to the attention of intruders;
3. fencing or other enclosure manifestly designed to exclude intruders;
4. notices posted in a manner prescribed by law or reasonably likely to come to the person's attention at each entrance of school grounds that visitors are prohibited without authorization from a designated school, center or program official; or
5. an actual communication to the actor to leave school grounds as communicated by a school, center or program official, employee or agent or a law enforcement officer.

this is a misdemeanor.

Pennsylvania also lists "simple trespass" and "agricultural trespass" as crimes.

http://members.aol.com/StatutesPA/18.Cp.35.html

Answer 7

It's against the law to enter someone eles property with out their consent. It gets messy from there, basically, if you left it there you probably no longer own it. You can call a cop to come and watch and ask to retrieve your property, but you might be told no you can't. Trusting as I am, I let a deadbeat renter, with a cop present come and retrive his things and the sob ripped me off and never paid his rent!

Answer 8

depends where you stay - in Scotland there is no trespassing law, you can go into someones garden to retrieve you belongings and the only rights they have is to ask you to leave the property, obviously if you broke down the door it would be classed as breaking and entering. (hubby is a security guard)

Answer 9

You have no right at all. Even a landlord has no right to enter his own property whilst leasing to a tenant, without agreement by the tenant. (that the tenant gives agreement in certain circumstances is usually written into the tenancy agreement).

If it is your property, they have no right of possession, but your have no right just to walk in to their place and take it, because their right of privacy is greater than your right of recovery.

About the only people who can enter and take property are bailiffs, but they, I believe, work under the direction of the courts.

You are expected simply to ask for it back.

Should circumstances preclude that option, don't ask, don't do any damage, don't get caught, don't get found out and don't say that I told you.

Answer 10

Do you mean in the garden or in the house. In the garden you will be a trespasser but that is a civil offence if you cause damage of do it repeatedly. In a house -- get the Courts permission and use a bailiff to prevent yourself being charged with a serious crime -- breaking and entering etc

Answer 11

None. Because if you are on their property without their consent, you could be done for eother tresspass or even breaking an entry if you tried to force your way inside the property.