What rights do I have in entering someone elses property to retrieve something that is legally mine?
Answer: Probably none. It is up to the police to retrieve your items.
only with the courts pemission
Better take a cop with you and you had better be prepared to prove the property is yours.
That's still trespass--
None take em to a claims court to get it back
you have no rights whatsoever. if you enter without their permission, it is breaking and entering and they would be within their rights to press charges. It doesn't matter what they have of yours. If they won't return it, that is theft. Go to the police.
None. Because if you are on their property without their consent, you could be done for eother tresspass or even breaking an entry if you tried to force your way inside the property.
None. You need the Court to order the property to be returned.
you have no right to enter their property that will make you as bad as them.
seek legal advice through a solicitor who will then advise you on your next step.
you can't,you need to call the police.and hopefully have proof the property belongs to you. receipt,proper paper work,pictures, etc..
None really unless you go to small claims court and have a judge order a turn over of your stuff to you. If you go without authority, they can jail you. Sometimes a good policeman will go with you in order to save a court appearance and try to help you retrieve your property. Just go to the police station and make a complaint and maybe someone will actually help. Do not try to retrieve property without a policeman or a court order and then you still need police to go with you.
not many, really.
First, you'll have to prove that what is yours is not only on that property, but that it is, in fact yours. And remember, posession is 9/10 of the law. So, unless you have documented proof of ownership, good luck.
Secondly, you will most likely need a police escort anyway. If you live somewhere where they have better things to do, well, good luck again.
Don't just enter and take something. Even if you're breaking and entering to retrieve property that is indisputably your own, it is STILL breaking and entering. The law is [usually] fairly clear cut on cases of property.
Your best bet is to actually reason with the person who's property it is on to get it back.
not many. you could call the police and see if they'll retrieve it for you.
You'll be OK the police will be busy arresting the person on whose property your things have landed, especially if it is an old lady preferably over 70.
I am not a lawyer and I don't know the laws in your area. But, if someone steals your bike and puts it in their house; you cannot break into their house and take your bike back.
Ideally you would discuss the dispute with the person who took your property face to face and try to work it out. If it is a child who stole your property you may have to deal with their parents. If it is an ex-partner, you may need to go to a lawyer to mediate between the two of you and work out a solution that you can both live with.
If necessary you may choose to involve the police. Be prepared to prove that you own the piece of contested property.a bill of sale for the bike, a credit card receipt paying for it the bike, a photo of you on the bike.
But, you cannot waltz into someone's house and take something without an explanation.
It's against the law to enter someone eles property with out their consent. It gets messy from there, basically, if you left it there you probably no longer own it. You can call a cop to come and watch and ask to retrieve your property, but you might be told no you can't. Trusting as I am, I let a deadbeat renter, with a cop present come and retrive his things and the sob ripped me off and never paid his rent!
If it was a soccer ball that got kicked into his yard, I would go and get it. If it was something in his house or in a locked or private area, I would ask him to get it for me.
If he was uncooperative, I would file an Action in Replevin [a civil action] to get a court order to require him to deliver it to me.
By the way, under Pennsylvania law, there are two forms of trespass which are punishable:
(1) unlawful entry of a secured or occupied building, a third degree felony if a person sneaks in, a second degree felony if a person breaks in; and
(2) "Defiant trespass" -- A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:
1. actual communication to the actor;
2. posting in a manner prescribed by law or reasonably likely to come to the attention of intruders;
3. fencing or other enclosure manifestly designed to exclude intruders;
4. notices posted in a manner prescribed by law or reasonably likely to come to the person's attention at each entrance of school grounds that visitors are prohibited without authorization from a designated school, center or program official; or
5. an actual communication to the actor to leave school grounds as communicated by a school, center or program official, employee or agent or a law enforcement officer.
this is a misdemeanor.
Pennsylvania also lists "simple trespass" and "agricultural trespass" as crimes.
When I accidentally throw the dog's frisbee over the fence, I ring my neighbor's doorbell and explain the situation. One neighbor tells me to go ahead and get it; my other neighbor gets it for me.
None whatsoever, you have to follow the legal process.
Go get it don`t let them know it was you, if it`s your property and you don`t steel anything of theirs your conscience will be clear.
You have no right at all. Even a landlord has no right to enter his own property whilst leasing to a tenant, without agreement by the tenant. (that the tenant gives agreement in certain circumstances is usually written into the tenancy agreement).
If it is your property, they have no right of possession, but your have no right just to walk in to their place and take it, because their right of privacy is greater than your right of recovery.
About the only people who can enter and take property are bailiffs, but they, I believe, work under the direction of the courts.
You are expected simply to ask for it back.
Should circumstances preclude that option, don't ask, don't do any damage, don't get caught, don't get found out and don't say that I told you.
You can retrieve it if you can prove it is yours.
No LEGAL rights at all without their permission.
Do you mean in the garden or in the house. In the garden you will be a trespasser but that is a civil offence if you cause damage of do it repeatedly. In a house -- get the Courts permission and use a bailiff to prevent yourself being charged with a serious crime -- breaking and entering etc
depends which country you are in
Trespass isnt even a crime. It is a civil offence.
As long as you dont damage anything (eg you dont break down their door to get in) you are not breaking any laws in retrieving your possessions.
depends where you stay - in Scotland there is no trespassing law, you can go into someones garden to retrieve you belongings and the only rights they have is to ask you to leave the property, obviously if you broke down the door it would be classed as breaking and entering. (hubby is a security guard)
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