[kittygilchrist]

In view of property rights issues concerning trespass of daily concern to Villagers (you know what they are) this thread is for posting of references and facts.

Please try to read something and cite a reference instead of giving your opinion. Trespass, as you know, is legally defined by the state.

I'll go first, here's one by University of Florida

FE111/FE111: Handbook of Florida Fence and Property Law: Visitors and Responsibilities to Visitors

What are the types of people that might enter my property?

The legal duties owed by a landowner to a person entering his property depend upon the classification of the person who enters the property. Florida law classifies such people into three types. The first type, invitees, includes any individual who is invited onto the landowner's property or is led to believe that an invitation was given. The second type, licensees, enters upon the owner's property albeit without invitation, but rather with the assent of the owner for the individual's own convenience, pleasure, or benefit. The third type, trespassers, enters upon the property of another without an invitation, license, or other right to enter the property (Lukancich v. Tampa, 583 So.2d 1070 [Fla. 2d DCA 1991]; 41 Florida Jurisprudence 2d Premises Liability sections 10, 53, and 60).

[kittygilchrist]

FL STATUTE
810.08 Trespass in structure or conveyance.—
(1) Whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance, or, having been authorized, licensed, or invited, is warned by the owner or lessee of the premises, or by a person authorized by the owner or lessee, to depart and refuses to do so, commits the offense of trespass in a structure or conveyance.
(2)(a) Except as otherwise provided in this subsection, trespass in a structure or conveyance is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

[kittygilchrist]

Even a DEA sniff dog did not have the right to be on the property surrounding someone's house.

Florida v. Jardines - Wikipedia, the free encyclopedia

trust me, it's easier to read in wikipedia...

[njbchbum]

Asked and answered again and again and again!



Where is that ignore button?

[Taltarzac725]

Doggie Doo Game | ToysRUs


We could loan this game out to trespassers here in the Villages.

Check out the Toys-R-Us video, too. http://www.toysrus.com/buy/active/do...30594-11796515

[kittygilchrist]

that's a stitch, Tal.
btw, one of the major offender dog walkers told me several times "nobody minds" about his dog pooping in their yards. He holds the dog under the shade trees of homeowners who are up north, while he smokes.

Then he got multiK landscaping and put up a "No dumping" dog sign in his own yard.
sheesh.

[Patty55]

I know this poop/trespassing thing causes a lot of stress. IMO if it bothers you that much go for it, call LE. You'll still have stress and aggravation, just a different kind and it will be a situation you chose. Sometimes just taking control of the situation helps.

[Taltarzac725]

Originally Posted by kittygilchrist

that's a stitch, Tal.
btw, one of the major offender dog walkers told me several times "nobody minds" about his dog pooping in their yards. He holds the dog under the shade trees of homeowners who are up north, while he smokes.

Then he got multiK landscaping and put up a "No dumping" dog sign in his own yard.
sheesh.

There were probably other neighbors retaliating from his dog going on their yards. There is one neighbor a few doors south of here who often has a lot more poop on her yard than anywhere else. I kind of take this as a sign of neighborhood ill will. She seems to have found out that sometimes a fight is more stressful than it is worth.

[PennBF]

When I was President of a rather large Condo in Florida we were familiar with the 3 "P's" which Condo boards face. They are Poch's, Pools and Poop. These define the most common problems for a Condo board. Looks like in the Village's they are still an on going issue??

[njbchbum]

Originally Posted by PennBF

When I was President of a rather large Condo in Florida we were familiar with the 3 "P's" which Condo boards face. They are Poch's, Pools and Poop. These define the most common problems for a Condo board. Looks like in the Village's they are still an on going issue??

Looks like this thread has strayed from a 4th "P" - Privacy!

[rubicon]

Originally Posted by kittygilchrist

In view of property rights issues concerning trespass of daily concern to Villagers (you know what they are) this thread is for posting of references and facts.

Please try to read something and cite a reference instead of giving your opinion. Trespass, as you know, is legally defined by the state.

I'll go first, here's one by University of Florida

FE111/FE111: Handbook of Florida Fence and Property Law: Visitors and Responsibilities to Visitors

What are the types of people that might enter my property?

The legal duties owed by a landowner to a person entering his property depend upon the classification of the person who enters the property. Florida law classifies such people into three types. The first type, invitees, includes any individual who is invited onto the landowner's property or is led to believe that an invitation was given. The second type, licensees, enters upon the owner's property albeit without invitation, but rather with the assent of the owner for the individual's own convenience, pleasure, or benefit. The third type, trespassers, enters upon the property of another without an invitation, license, or other right to enter the property (Lukancich v. Tampa, 583 So.2d 1070 [Fla. 2d DCA 1991]; 41 Florida Jurisprudence 2d Premises Liability sections 10, 53, and 60).

Kitty This pretty much repeats across all states as it is contained in common law. You should be thanked for bringing to the attention of posters who have been debating this issue for as long as they have lived here. It is a benefit for newbies to have these discussions repeated.

[kittygilchrist]

Thanks for saying that Rubicon. I keep seeing posts where it's thought to be OK to walk the dog at the street side because that isn't really the homeowners' property; or that owner has to post a no trespassing sign or else it is not trespassing at all to come on the property.

we're making progress. really, we are. Imagine coming here from the country. Oh boy, poor Santa Claus.

[buggyone]

You are correct about the trespassing statutes and everything else - but it is not enforcable.

No police officer is going to respond to a call when the subject is a dog pooping on a lawn.

[TheVillageChicken]

Originally Posted by buggyone

You are correct about the trespassing statutes and everything else - but it is not enforcable.

No police officer is going to respond to a call when the subject is a dog pooping on a lawn.

Unless it's the Chief's or Mayor's lawn.

[perrjojo]

I'm sorry someone has a dog that poops on your lawn. It has happened to all of us. It happens everyday in all 50 states. All of the information about Florida law is interesting, but what's the point? Do you want to be right, or do you want to be happy? If you are upset, telling us (who don't ever walk near your yard) the law doesn't solve the problem. Tell the offenders that it is a problem to you. If they continue...well, you can't fix stupid and researching and posting the ordinances won't change anything either.