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by KRM45
Sun Aug 05, 2007 1:16 pm
Forum: LEO Contacts & Bloopers
Topic: Trespassers this weekend
Replies: 50
Views: 11673

stroo wrote:Assuming there was an easement for the neighbor, the neighbor could authorize the AC people to be in the easement. So you don't need an easement for private repair companies for them to legally be on the property. Again, that assumes that there really was an easement.
I was just thinking about a "utility easement"...
by KRM45
Sat Aug 04, 2007 6:47 am
Forum: LEO Contacts & Bloopers
Topic: Trespassers this weekend
Replies: 50
Views: 11673

stroo wrote:However, if the neighbor has the easement that was discussed earlier and had authorized their entry on the easement, then it's not trespassing and force would not be allowed.
You might want to check the language on that easement dedication instrument... Mine says nothing about private repair companies....
by KRM45
Wed Aug 01, 2007 7:22 pm
Forum: LEO Contacts & Bloopers
Topic: Trespassers this weekend
Replies: 50
Views: 11673

srothstein wrote:
Renegade wrote:
KRM45 wrote:You would be within your right to use force to remove them from your property. From the description deadly force was not warrented yet.
Can you find that for me in the Penal Code?
Yep, sure can.

Chapter 9.41. PROTECTION OF ONE'S OWN PROPERTY.

(a) A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.
Sorry I was too slow!
by KRM45
Tue Jul 31, 2007 7:51 pm
Forum: LEO Contacts & Bloopers
Topic: Trespassers this weekend
Replies: 50
Views: 11673

You would be within your right to use force to remove them from your property. From the description deadly force was not warrented yet.

Get some pepper spray and a dog...

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