Quote:
Originally Posted by Chellybean
i agree with everything you said except the no trespassing signs. the boundary's are marked and there is no confusion in were private property start's and the golf course ends.So under Florida law you then are knowingly trespassing.
HOWEVER!, But now you have to prove that in court and try to prove what the golf was thinking which is not easy.
So the solution is to put up no trespassing signs up so there is no confusion or question that the home owner doesn't want anyone to trespass.
Now the question is will golfers respect that.
most don't and feel entitlement. and this is where all the hubbub comes from.
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It is not necessary to post no trespassing signs. The homeowner has rights of no trespass automatically to what is called the curtilage around the home.
There is another thread, Florida Trespass Law with the law cited, interpreted, and with case law.
810.09 Trespass on property other than structure or conveyance.—
(1)(a) A person who, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a structure or conveyance:
1. As to which notice against entering or remaining is given, either by actual communication to the offender or by posting, fencing, or cultivation as described in s. 810.011; or
2. If the property is the unenclosed curtilage of a dwelling and the offender enters or remains with the intent to commit an offense thereon, other than the offense of trespass,
commits the offense of trespass on property other than a structure or conveyance.
(b) As used in this section, the term “unenclosed curtilage” means the unenclosed land or grounds, and any outbuildings, that are directly and intimately adjacent to and connected with the dwelling and necessary, convenient, and habitually used in connection with that dwelling.