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I was confronted by a landowner in Pennsylvania while

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I was confronted by...
I was confronted by a landowner in Pennsylvania while hunting who said I was trespassing on his property. I told him that I did not know that this was his property as his fence and signs ended 40 - 50 yards up the hill. He showed me supposedly where his property line was and I was maybe 15-20 yards over. I provided my information to him and then left the property. Now 6-7 days later I received a citation from the state for criminal trespass showing a $300 fine and $159.25 in court costs stating that I knowingly trespassed. Is this something that is defensible. I'm sure their statement will be that ignorance of the property line is not a defense. Also, the landowner took a picture of my driver's license without my consent. Is that legal ?
Submitted: 5 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
11/26/2017
Real Estate Lawyer: Barrister, Lawyer replied 5 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,155
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Did you have permission to be on the land where you thought you were?

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Was the person's land posted with no trespassing signs?

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thanks

Barrister

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Customer reply replied 5 months ago
there were no signs posted where he said his property line was.
Customer reply replied 5 months ago
The trooper that completed the citation also checked the box that I am a non-resident which would be incorrect as I am a resident of Pennsylvania.
Real Estate Lawyer: Barrister, Lawyer replied 5 months ago

Ok, then you have several things to challenge on... The property wasn't posted, you had permission to be where you thought you were, you are a legal resident, and there was no "mens rea" (i.e. guilty mind) which would show criminal intent to trespass intentionally.

.

There has to be an intent to trespass or circumstances that would show an intentional disregard of the law... So if it was posted and you ignored that and crossed... that shows intent. But if nothing was posted and you accidentally ended up on the other person's land....no intent to violate the law so no "knowingly trespassing".

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I think if you challenged it, you would have a pretty good chance of having it dismissed with a warning..

.

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thanks

Barrister

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Real Estate Lawyer: Barrister, Lawyer replied 5 months ago

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

.

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Thanks much

Barrister

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Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,155
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Experience: 17 years real estate, Realtor. Landlord 26 years

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