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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41221
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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CAN A LANDOWNER ACCUSE YOU OF TRESPASSING IF HE NEVER SAW

Customer Question

CAN A LANDOWNER ACCUSE YOU OF TRESPASSING IF HE NEVER SAW YOU THERE? CAN THE LANDOWNER GO BY "HEARSAY" OR DOES HE HAVE TO PHYSICALLY SEE YOU THERE?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

To ensure that I do not miss anything, I will respond question by question You asked:

CAN A LANDOWNER ACCUSE YOU OF TRESPASSING IF HE NEVER SAW YOU THERE?

Yes. There is no obligation of 'seeing' someone there in person. If the landowner receives information from third parties, or sees it on video, or has other evidence that places you specifically on the property, that landowner can absolutely accuse and can potentially seek civil action as well as potential criminal charges.

CAN THE LANDOWNER GO BY "HEARSAY" OR DOES HE HAVE TO PHYSICALLY SEE YOU THERE?

The 'hearsay' rule is just for the courts. There is no physical presence obligation. It might just be harder for the landowner to prove that you were present, but with enough witnesses or other evidence such a claim can be made. That is called having 'circumstantial' rather than direct evidence, and while it might not always be as 'strong' as direct evidence, it can be as effective in court.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
Did you receive The more detailed part of our conversation?
Expert:  Dimitry Esquire replied 1 year ago.

I did not. Could you re-send, please? Please be aware that I will be logging off shortly to get some rest--if I receive this request shortly after your see this post I can try to respond right away, otherwise there may be a delay with my response until morning.

Sincerely,

Dimitry, Esq.

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