I am on probation. I am just about finished. My record is clean. This is the question. I leve in a guesthouse that is on the property of another tenant. When my PO comes to check me out she has to cross the other tenants property to get to my door. She calls me by phone and I go out to escort her past the other tenants property and dog.
Her job is to check on me.
The other night late, she showed up. I escorted her in. There were two of them. One came right to my door with me. The other walked past my door and out of her way to peek into my nieghbors bedroom window. There are no curtains but the window does not face the street. I said; she is a snoop. She said "yes I am" The other PO said "where were you?" What is my legal position? She is abusing her access to my apartment to spy on innocent people. The other tenant saw her. When she left he came and asked who that was. I told him. He said if she does it again I will not let her on my prope
2007-09-04 07:07:13 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Legally, it depends on how far out of her way the PO went to look into the neighbor's window. If the neighbor's window is generally on the way to your guesthouse, then there would be no problem. If she went considerably out of her way, your neighbor may have grounds for a legitimate (though minor) comlaint against the PO for minor trespassing.
In any case, since your neighbor is the aggreived party, he should call the probation office and lodge a complaint about the behavior of your probation officers.
And by the way, your neighbor will not be able to exclude the PO's from his property. The common law concept of "curtilage" encompasses the idea that all houses must have a public accessway leading to them, so that a person who has official business with the occupants is able to knock on their front door. If the only way to access your house is over the property of the other tenant, this automatically creates an "easement" across the other person's property. This means that even though the other tenant holds title to the property, they cannot entirely close off access to your dwelling. There must be a path that people can take to reach your door.
If a person wishes to visit your dwelling, and they have your permission to do so (such permission is implied with probation officers, since this is probably a general condition of the probation), they have the right to walk across the curtilage (residential property) of any other person in order to reach your dwelling. Legally, there is no way the other tenant can close off access to your house. They can define the route by which visitors must pass, but they cannot exclude visitors entirely.
Historically, an interesting application of this principle used to occurr in the case of hired farm hands. Farm workers often lived in lodges on the property of the farmer. In the past, farmers would claim that the workers had no right to any visitors (and even could not leave themselves), since the visitor would have to cross the farmer's property in order to reach the worker's house. Courts always ruled against the farmer, since under common law there must be some accessway to the dwelling.
2007-09-04 07:28:02 · answer #1 · answered by Jason W 5 · 1⤊ 0⤋
When you rented the property, you have a right of access to the property, which you may extend to your guests. The other tenant does not have the right to bar any guest of yours, and could not do so were she the owner. You pay your rent, you have the right of access. Period.
If the other tenant wants to file a formal complaint, that's her business. Tell her and your PO that you don't want to be involved in that, for reasons that should be obvious to both of them.
2007-09-04 07:30:38 · answer #2 · answered by open4one 7 · 1⤊ 0⤋
Almost all job applications say "have you been convicted of a felony"? It sounds like this is a misdemeanor, so you should not feel uncomfortable continuing to answer "no". It sounds like you were "convicted" of the misdemeanor and sentenced to a fine and 6 months probation. - The case is closed. Just like a driving offense would be closed.
2016-05-21 02:41:14 · answer #3 · answered by ? 3 · 0⤊ 0⤋
encourage your neighbor to file a formal complaint and police report with the police department. help her out by giving her the name of the rude and invasive PO.
2007-09-04 07:12:54 · answer #4 · answered by Free Radical 5 · 2⤊ 0⤋
she is abusing her position ,but legally she is not violating your rights she is violating the neighbors. you should tell the other neighbor if he/she sees this behavior again to notify the proper people i.e.,probation dept.,clerks off.,police.
2007-09-04 07:24:15 · answer #5 · answered by Ciccio S 2 · 1⤊ 0⤋