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What are my rights as a home owner to keep someone out of my home that is not invited.
Anonymous1 views4 answers
if you have communicated to an individual that they are not allowed in or on your property without permission or authorities present and they enter your home anyway, do you have the legal right to escourt them out of your home with physical force.
I am assuming there is more to this situation than what has been presented. In fact, this sounds substantially similar to a case I just handled and won.
If there is someone else that has a right to possession of the property (a spouse who has not abandoned the property or been divorced from bed and board, a guest you allow, or a tenant), that other person can allow someone onto the property even if you have previously forbade entrance. If the person you consider to be a trespasser is on the property by the permission of an authorized possessor, you cannot use physical force to remove them. In addition, there presence does not amount to a crime.
Here is an example for clarification: A husband and wife decide to get a divorce but neither will move out of the house. The husband routinely invites his female "friend" over to the house every time the wife steps out. The wife has told the "friend" not to come into her house. As long as the husband is present, the friend can enter the home and remain for as long as the husband allows.
In any event, you should consult an attorney and give him/her the full scenario so that you fully understand your rights.
Damon John ChetsonCriminal Defense AttorneyRaleigh, NC ·
Generally you can't use physical force except to defend yourself and, potentially, property. You can't use deadly force to defend property. I would avoid physical force. Call police, have police escort the person off the property. Show the police the letter you sent to the person trespassing the person from the property, and asked that they be charged with trespassing.
You can also go to the court to get a 50B or 50C if the harassment is repeated.
Often the best course of action is to call the police and press trespassing charges if you have told them to leave and they refuse to do so. It's often best to avoid escalating a non-violent situation into a violent situation by trying to remove the person yourself with physical force as that can lead to criminal charges against you potentially depending on all the circumstances.
L. Maxwell TaylorLitigation LawyerMiddlebury, VT ·
It's typically the case that states have criminal notice against trespass statutes which provide that once the person in lawful possession of property has given notice to a person that they are not to enter or remain on the property, if they return and enter the property they are subject to arrest.
I don't practice law in North Carolina, so don't take this as legal advice, but I found the following North Carolina statute which seems to apply:
North Carolina General Statutes 14-159.13 - Second degree trespass
North Carolina General Statutes > Chapter 14 > Article 22B > § 14-159.13 - Second degree trespass
Current as of: 2010
(a) Offense. A person commits the offense of second degree trespass if, without authorization, he enters or remains on premises of another:
(1) After he has been notified not to enter or remain there by the owner, by a person in charge of the premises, by a lawful occupant, or by another authorized person; or
(2) That are posted, in a manner reasonably likely to come to the attention of intruders, with notice not to enter the premises.
(b) Classification. Second degree trespass is a Class 3 misdemeanor.
None of this answers your question about the use of physical force. I'll leave that to a lawyer who holds North Carolina licensure, as I do not practice law in North Carolina.
Not legal advice, just my two cents. If you need legal advice, please consult a lawyer who holds North Carolina licensure, not me.