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MIAMILAW1127, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 751
Experience:  Founding Partner at Moises Law, P.A.
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If a neighbor, without my knowledge or consent and without

Customer Question

If a neighbor, without my knowledge or consent and without being at home, put a friend or contractor onto my roof to repair his siding and I thought I was being burglarized through my vaulted ceiling skylights, is he liable for trespassing?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  MIAMILAW1127 replied 1 year ago.

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Is the only access that the contractor has to your neighbor's side of the roof through your roof?

Customer: replied 1 year ago.
In order to repair/replace his siding, yes, the contractor must climb onto my roof.
Expert:  MIAMILAW1127 replied 1 year ago.

Unfortunately, while the polite thing for your neighbor to have done would have been to give you the proper notice, he is not obligated to do so in this situation and it would not be considered trespassing by the contractor.

Customer: replied 1 year ago.
I don't see how that is possible. I don't even believe it was an insured contractor and the homeowner was not at home for discussion. Further, our townhome bylaws seem to state otherwise.
Expert:  MIAMILAW1127 replied 1 year ago.

If the contractor is not insured and any damages occurred from his work, then you would have a cause of action against your neighbor.

Do you have a copy of your bylaws or the section you are referring to for me to be able to review?

Customer: replied 1 year ago.
I read the bylaws, specifically Covenants, and sent an email to one of our officers yesterday outlining what occurred and siting the specific article and section.
Expert:  MIAMILAW1127 replied 1 year ago.

What do the bylaws say?