[dbussone]

Originally Posted by Bay Kid

Add "by appointment only" to all your ads. Might help.

Probably not, unfortunately. It is unlikely to deter those folks for whom this is a sport.


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[Sandtrap328]

Originally Posted by Wiotte

Ironically, if this same person had a trip and fall in your garage she would have the right to sue.


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Absolutely right! That is a big reason for closing the garage door anytime you are not in it.

[Chatbrat]

In the community we live in, there is a "gentleman" who likes to exercise @ 6:00 AM--he would open his garage door, blast the radio in his car with the car doors open--besides hearing him- we could see him shirtless, doing all kinds of exercise stunts in his driveway- , we are separated by another house behind us

We, had to resort to extreme landscaping to hide him and deaden his AM wake ups

[rubicon]

Originally Posted by Sandtrap328

Absolutely right! That is a big reason for closing the garage door anytime you are not in it.

Yep, I keep my garage door down except to enter and exit. I do so to keep critters out. It never ceases to amaze me of the number of homes I pass where the garage door is left wide open and or partial up.

Talk to your pest control guy

[manaboutown]

Another issue is the homeowners potential liability even to trespassers as well as to invitees and licensees should one trip over a garden rake or sprinkler, step in a hole or fall into a swimming pool, or the like. Homeowner Liability: Invitees, Licensees, and Trespassers - FindLaw

I sleep much better having cameras likely to record such unlikely events.

[Barefoot]

Originally Posted by rubicon

I live on a championship course and only 3 times in 11 years has anyone entered onto my property.

I think the amount of trespassing depends on whether a ball can easily go astray on a resident's property.
We back on Churchill Greens, and have never had anyone trespass on our property in ten years.
However we picked our home with that in mind, that stray balls couldn't possibly land on our back lawn.
But I digress; this thread is about trespassing when a home is for sale.

Originally Posted by rubicon

I contend that the wide spread advertisements and selling of this home changes the status of people coming onto this property from trespassers to invitees and as such unless the homeowner in her advisement made clear that no one was allowed on the premises without a prior appointment creates a dilemma.[B] While I understand your meaning of call ahead, it would appear to be "common sense" by some people to deduce that since the property is for sale it is open for inspection.

I don't agree Rubicon, and I retired from a long career as a real estate broker.
I never had a client that felt it was OK to trespass on a property that was for sale.
I think it's common knowledge that a prospective purchaser cannot inspect a house or property without an appointment,
and unless they are accompanied by a real estate agent.
If it isn't common knowledge, it should be.
Having a home for sale doesn't give people the right to trespass or look in windows. That would freak anyone out!

[jsw14]

Originally Posted by Wiotte

Ironically, [U]if this same person had a trip and fall in your garage she would have the right to sue.
[/U]

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OMG, Really? Well then, maybe I should CLOSE my garage door when I'm out Mow'in my yard. That way they can SUE ME if they fall come'in UP too Ring the Door Bell...Sheezzz, I really thought this was A Trespassing Thread.....

[Carl in Tampa]

Originally Posted by jsw14

OMG, Really? Well then, maybe I should CLOSE my garage door when I'm out Mow'in my yard. That way they can SUE ME if they fall come'in UP too Ring the Door Bell...Sheezzz, I really thought this was A Trespassing Thread.....

Actually, they could sue you over approaching your front door if they could allege some obstruction that caused them to trip and fall.

Your Homeowner's Insurer would probably make a settlement rather than spend time in court defending you, no matter how poor the complainant's case might be.

I think the point of the post about being sued was the irony that you can be sued by a trespasser, who will walk away with money in his pocket.

.

[manaboutown]

Originally Posted by Carl in Tampa

Actually, they could sue you over approaching your front door if they could allege some obstruction that caused them to trip and fall.

Your Homeowner's Insurer would probably make a settlement rather than spend time in court defending you, no matter how poor the complainant's case might be.

I think the point of the post about being sued was the irony that you can be sued by a trespasser, who will walk away with money in his pocket.

.

Yep! Your money (via your insurance company if you have one).

[jsw14]

Hmmm, maybe I need to look in to get'in a Trespassing license.

[Wiotte]

Originally Posted by jsw14

Hmmm, maybe I need to look in to get'in a Trespassing license.

Can't get a license to break a law. Unless you're 007.


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[dbussone]

Originally Posted by Wiotte

Can't get a license to break a law. Unless you're 007.


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[emoji23][emoji106]


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[New Englander]

Originally Posted by jsw14

Hmmm, maybe I need to look in to get'in a Trespassing license.

Be a good neighbor and turn the radio down. It obvious it upsetting your neighbor.

[rubicon]

Originally Posted by manaboutown

Another issue is the homeowners potential liability even to trespassers as well as to invitees and licensees should one trip over a garden rake or sprinkler, step in a hole or fall into a swimming pool, or the like. Homeowner Liability: Invitees, Licensees, and Trespassers - FindLaw

I sleep much better having cameras likely to record such unlikely events.

The key to this is "the duty owed" for example for a trespasser it amounts to not setting traps.

However a peer of mine advised us to settle a claim because his employer , a public utility had to settle for a large sum even though the guy at the time was robbing them of the copper content and in the process was electrocuted losing both arms. Yes jury sided with the robber??????????????????????????????

[rubicon]

Originally Posted by Barefoot

I think the amount of trespassing depends on whether a ball can easily go astray on a resident's property.
We back on Churchill Greens, and have never had anyone trespass on our property in ten years.
However we picked our home with that in mind, that stray balls couldn't possibly land on our back lawn.
But I digress; this thread is about trespassing when a home is for sale.



I don't agree Rubicon, and I retired from a long career as a real estate broker.
I never had a client that felt it was OK to trespass on a property that was for sale.
I think it's common knowledge that a prospective purchaser cannot inspect a house or property without an appointment,
and unless they are accompanied by a real estate agent.
If it isn't common knowledge, it should be.
Having a home for sale doesn't give people the right to trespass or look in windows. That would freak anyone out!

Hi Barefoot> I agree with your reference of location upon a course. As we played courses over the years before homes were being built we witnessed where errant balls fell in empty lots and comment that we just broke the guy's window. Note the number of people who have "no trespassing signs on their back lots. One home had a sign that read "My yard, my ball". One lady threatened people with a water hose if they happened on her property. I was told one guy called the sheriff so often TV bought his house to move him off the course? Why buy on a lot course ?

As to people viewing a home for sale. I do not disagree with what you say. However and again we are talking about expectations vis a vis intent...the reality is the home is being advertised. a prospective buyer wants to look all around the home. In addition the home in question is on a golf course and the people will want a view of that course they will view the advertisement as an invitation and if they are in the initial stages of an investigation of location , etc they will not want to engage the homeowner yet. Again some will call some will not but once the home is advertised it sets in motion the unexpected....and right and wrong matter little

PS I like living on a golf course and I haven't experienced what others report. the vast majority of golfers are very respectful

Personal Best Regards: