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Re: O/T question for John T. country lawyer


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Posted by John T on November 04, 2009 at 07:18:48 from (66.244.97.31):

In Reply to: O/T question for John T. country lawyer posted by Nancy Howell on November 04, 2009 at 06:21:14:

At common law when you are the leaseholder its pretty much legally the same as if youre the fee holder so YESSSSSSSSSS.

As a matter of Landlord Tenant Law and Contract Law, such can address these type of issues, but absent language or law to the contrary AGAIN ITS YESSSSSS you can bring an action for trespass......

You have been granted the use and dominion of the realty subject to the terms of the lease (any any applicable common or statutory law) and even if the owner violates the lease terms he or she (lots of subject to and other legal caveats) might be guilty of "tresspass"

It helps to post No Trespassing Signs as they provide better "Notice" to the offendor which in many jurisdictions might increase the damages you could be awarded.

BUT HERES THE PROBLEM IN THE REAL WORLD getting someone (who gives a rats A$$) to do something about it grrrrrrrrr. The cops may say get us proof or call us when its actually taking place or get us a Court Order or call the Prosecutor or its a civil matter on and on and on grrrrrrr. Same as Doctors or Lawyers or Teachers or Plumbers etc etc in any profession, there are police officers who may be extremely sympathetic and helpful if they get that call while others may recite any or all the above.....STILL ID GIVE THEM (and Prosecutors Office) A CALL TO FEEL THEM OUT AND SEEK THEIR FREE ADVICE and give such more stock then anything I or anyone here says..... A Court or police or prosecutor just isnt gonna be moved by anyone elses (unless the local Judge) "opinions" Legislators make laws and Courts interpret and apply it to the facts and they dont care much either what we here say or think lol grrrrrrrrrrrr

Here's my best quick short professional opinion/advice,,,,,YES you can most likely bring charges same as the landowner,,,,,,Post signs,,,,,,,,,Call the cops just to see what they say in your local jurisdiction, it may be call the prosecutor or file an affidavit of complaint (prosecutors office should have those) or heck they may actually offer to help (I NOR ANYONE CAN PREDICT THAT LOL IT DEPENDS ON YOUR LOCALITY AND THE CUSTOMS THERE),,,, Or its a civil matter.....Also Id check with the local prosecutor now BEFORE it happens to get his/her FREE advice because thats what really counts where you live, and is worth farrrrrrr more then my own or lay "opinions" here. We here nor you get to make that call, and what the cops or prosecutor tell you can be the most helpful and free advice you can get...

Even in Civil matters that are ripe for say a Small Clainms Action, if you are the leaseholder you have pretty much the same obligations and rights as the landlord

Best wishes, good luck and God Bless

John T in Indiana BSEE, JD "The Country Lawyer"


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