Do delivery men stay out with presence of NO TRESPASSING signs?


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1987rx7guy
July 8, 2009, 05:39 PM
I just put up three no trespassing signs one on the house and two on the front fence. Will this stop UPS/FedEx/USPS? If the chainlink gate is open will it still stop them?

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cbrgator
July 8, 2009, 05:40 PM
If they are delivering a package then they aren't trespassing.

freakshow10mm
July 8, 2009, 05:41 PM
Correct.

1987rx7guy
July 8, 2009, 05:47 PM
Thanks, this is what I told my family(mom/sister) but they lack the comprehension to accept that a package delivery is expect and wouldn't count as trespass.

rainbowbob
July 8, 2009, 05:58 PM
How about a summons server?

I had one deek me by dressing as a delivery guy, complete with a dummy package and a clipboard!

Although, I wasn't trying to duck the summons - I also wasn't expecting it. I should add that I did not post for no tresspassing.

While we're talking about it...does anyone know the general legal effect of a "No Tresspassing" sign?

Does it merely state your preference not to be disturbed, or does it give some additional legal protections and force of law that an unposted property does not have?

Doesn't ownership (or even tenancy) of private property provide the inherent presumption of "No Tresspassing"?

shiftyer1
July 8, 2009, 06:01 PM
i believe that depends on the state you live in rainbowbob.

1987rx7guy
July 8, 2009, 06:37 PM
I think you take away a plausible deny-ability defense on the part of a perp. since it says in high-contrast black/orange lettering "POSTED PRIVATE PROPERTY NO TRESPASSING"

I have one on the gate and one about 12-15' down on the front fence and one taped to the closest window on the house(relative to the driveway entrance).

Zoogster
July 8, 2009, 06:44 PM
While we're talking about it...does anyone know the general legal effect of a "No Tresspassing" sign?

It does depend on the state. In many they can effectively act as a legal fence if posted within the legaly required intervals along the boundry of the property. Crossing it would then be the legal equivalent of jumping over a fence.
Sometimes if you have a gate the packages get dumped at the entrance, sometimes if they can open it they will.

Additionaly if the entire boundry of your land is not open to the public you gain additional rights, like the ability to shoot firearms or airguns among many other things not legal on land that is open to the public. Various dangerous tools and many other things are no longer as big of a liability. If a kid breaks the law to get to a pool before drowning in some states you will be far less liable. If they get into some dangerous machinery or other equipment and die, lose a limb etc and broke the law to get there your less liable. If they trip one of your land mines...oh nvm
An unfenced yard is legaly open to the public. So it requires a fence, a gate, and no tresspassing signs to be legaly closed to public access. No tresspassing signs can be used in place of a fence for the same purpose in some states, but they must be placed within certain intervals apart in feet to be legal.
If you leave the gate open or lose some of the signs then it would once again legaly be open to the public and the legal status of the property is different. It must be completely impossible for someone without permission to legaly go inside your yard without breaking the law for it to legaly not be "open to the public."
However for the same reason if I need to deal with someone I don't really know with no tresspassing signs or a fence I call the sheriff. Whether a kid lost a ball over the fence, a dog went into thier yard or thier dog came into my yard, or there is some other random reason to talk to someone whos phone number I do not have. They won't get a nice neighborly knock at thier door.







Doesn't ownership (or even tenancy) of private property provide the inherent presumption of "No Tresspassing"?
No, in fact if you allow or do not stop others from using or crossing your land you can even lose complete legal control over it. Easements are obtained and there is even squatter laws (adverse possession) where if they use it without permission open and notoriously for x number of years they can steal it from you for legaly without paying you for it.
If you give permission they cannot legaly take ownership of it, but they can still have legal grounds to obtain an easement, even years later.
So if you let people walk, drive, etc etc across your yard, or they do and you don't put a stop to it then you may lose control or at least cease to be the only person with control over your own land.
If however you let nobody use your land, cross your land etc then nobody ever has a legal claim to it.

When I was a little boy I always thought those old farts that were grumpy about kids just exploring harmlessly or taking shortcuts without damaging anything were ridiculous. Then I grew up, learned the law, and saw many different people deal with it lsoing tens of thousands of dollars in legal expenses just to keep what was already thiers. I now think those old grumpy men were the smartest people in the area.
If you are nice and let people cut across your land, don't let them but don't stop them, or otherwise just be a non-confrontational neighborly person you can lose a lot legaly. Nobody had any legal claim against those old grumpy men I once thought were crazy.

Jorg Nysgerrig
July 8, 2009, 06:54 PM
This isn't on-topic.

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