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People on the property.
- Thread starter Laura
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D
Deleted member 67409
Keep in mind that criminal trespass is a misdemeanor. In RI, the maximum punishment is a year in jail or a $1000 fine. In Mass, $100 fine or 30 days in jail. In the vast majority of situations, you can't use deadly force to end a misdemeanor in progress. Disorderly conduct is a comparable crime with criminal trespass - would you shoot someone over being a loud, obnoxious drunk? Shooting at or killing someone, or even just threatening them with a gun and not using it, is going to get you prosecuted unless the trespasser starts committing a felony, like felony assault or a B&E or murder or rape or what have you. That's assuming the "trespasser" even triggered the trespassing statute and isn't just innocently on the property and legitimately not a threat, like say someone who wandered onto the property by accident.
11-44-26
https://malegislature.gov/laws/generallaws/partiv/titlei/chapter266/section120
Now, how the southern and western states categorize criminal trespass, I don't know. If its a felony, in theory, the landowner or occupant has the right to end a felony in progress by using lethal force. Barring how the local prosecutor sees it.
Normally in a situation like this..
NESers would call GO TIME, and all agree to an OPEN CARRY BARBECUE & a CAR SHOOT (if the trespassers drove there ) , on the OPs lawn to show support for her...
but, this time NESers are scared to visit the OP residence because, OP might call the PoPo on them, thus INVITING THE MAN INTO THEIR LIVES...
plus is damn near 180 degrees celcius bro,
ain' nobody got time fo' that.
NESers would call GO TIME, and all agree to an OPEN CARRY BARBECUE & a CAR SHOOT (if the trespassers drove there ) , on the OPs lawn to show support for her...
but, this time NESers are scared to visit the OP residence because, OP might call the PoPo on them, thus INVITING THE MAN INTO THEIR LIVES...
plus is damn near 180 degrees celcius bro,
ain' nobody got time fo' that.
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FrugalFannie
NES Member
Actually, she DOES own the property in conjunction with the other condo owners.
For someone else who posted:
NO, you do not need to post "No Trespassing" signs on private property to call cops for trespassing. IT'S PRIVATE PROPERTY. Hey, maybe I'll just come sit on your front porch for my next lunch break. I'm assuming you have no signs posted of course. That must mean I am welcome, right?
D
Deleted member 67409
You can call the cops over a fart rustling the wind. Justification for calling the cops isn't the same as prosecuting a case in front of a judge and jury to get a conviction.
Kicker96FS
NES Member
WOW, tough crowd! Give the girl a break will ya? We were all young once. Once.
Does she even own anything? She lives their with her parents. What is actually in her name?
And the parents "own" the condo which as has been explained to me many time just inside the four walls. They own nothing outside. And they pay fees and such to maintain common areas that they do not "own" but have rights to use. Pools, parking spaces, walking areas and such.
But we are missing a lot of information because th eOP won't come back and clarify anything for us.
And you are right....you do not need a no trespassing sign to call the cops for trespassing. My guess would be that the cops would just tell them to leave because there is no posted sign. But you can call the police for anything and signs are not required.
Someone has to have been specifically told to not enter a property and you have to be able to prove it or there has to be a sign. That person not owning it in Mass is not enough for a trespass.
There is an MGL that specifically states this and exclusion from no trespassing signs. I am not looking it up but as others have mentioned you still can't pull a gun and threaten for such a minor infraction.
With regular condominiums, the unit owner usually owns the internal unit space and a share of the corporation; the corporation owns the exterior of the building land and common area; in the case of a freehold condominium the owner owns the land and building and the corporation owns common shared roadways and amenities.
Seems like it's been 5 pages PC police , If you rent ,own or reside trespassing is trespassing and when did NES get so PC luvy duvy what's next crying room's and safe spaces, I don't give eff if your black white or identify as what ever , if your torching a blunt in my space uninvited your outta there.
Asaltweapon
NES Member
Sky has two accounts?
M60
NES Member
As a property owner, I found that you can call the police for a trespassing violation and they ask the trespasser to leave, the first time, because the property is not posted. If it had been posted a arrest would have been made. So, you are correct in that you can call the police, but you're wrong if you think you will get a arrest achieved, unless some other violation takes place, without a no trespassing sign. Go ahead and sit on the violators porch if it makes you feel better. If the property isn't posted, no sweat.
HARRYM
NES Member
I'll take George Zimmerman for $500 Alex.....
Trespass is a tort that you can sue someone for, like negligence. It's not a crime unless specific requirements are met. When someone walks across my lawn, my recourse is to sue them. If I tell them to leave and they come back, I've now met the requirements for criminal trespass, and can call the police and ask to have them arrested, but if they're off the property by the time the cops arrive, they won't be arrested. (Misdemeanor must be committed in the presence of a police officer in order to arrest without a warrant).
The "Right to Exclude" is a property right. The owner of land can exclude anyone he wants. It gets messy if there are multiple owners. An owner may also invite anyone to visit, and the other owners can't do jack about it. So I I want to have a drunken bash in my basement with my brothers, my wife cannot (legally) demand that they leave.
So the question arises as to who has the right to exclude someone from the Condo's bench. Do the unit owners have a property interest in the land under the bench, or do they simply have a license to use it as part of their agreement? Even if the unit owners have a property interest in the land under the bench, it's not exclusive, so all the owners can use it as they see fit. Unless there's something preventing it, I would be allowed to invite all the inter-racial fanny-pack wearing couples to use "My" bench, since I'm part owner, and there's nothing you can to about it.
Someone mentioned kicking people out of a gun club. The members do not have a property interest in the land, but have been authorized by the "owners" to kick non-members out. That's a specific authorization granted to members by the owners.
The "Right to Exclude" is a property right. The owner of land can exclude anyone he wants. It gets messy if there are multiple owners. An owner may also invite anyone to visit, and the other owners can't do jack about it. So I I want to have a drunken bash in my basement with my brothers, my wife cannot (legally) demand that they leave.
So the question arises as to who has the right to exclude someone from the Condo's bench. Do the unit owners have a property interest in the land under the bench, or do they simply have a license to use it as part of their agreement? Even if the unit owners have a property interest in the land under the bench, it's not exclusive, so all the owners can use it as they see fit. Unless there's something preventing it, I would be allowed to invite all the inter-racial fanny-pack wearing couples to use "My" bench, since I'm part owner, and there's nothing you can to about it.
Someone mentioned kicking people out of a gun club. The members do not have a property interest in the land, but have been authorized by the "owners" to kick non-members out. That's a specific authorization granted to members by the owners.
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