Re: [lawrocket] Would this constitue tresspassing?
> "Trespass" is intentionally entering the property of another without permission of the owner (or person with possessory right) or legal authority.
I know that the definition and the legal ramifications of trespassing in US is quite different from definition and legal ramifications in Europe/Italy, for example, but just to know...
Has this "intentionally entering the property of another without permission of the owner" anything to do with the fact that you can do so (=intentionally entering the property of another) freely or you did break some lock/whatever-else-anti-intrusion-system?
Asked differently: is it still "TRESPASSING" if you CAN enter into the property (even if not invited by owner) FREELY, simply because there are no closed gates, no locked doors, simply because there is NO PHYSICAL CONSTRAINT to the entrance?
Or is it TRESPASSING only if you break some lock/gate/door to get the access.
I am not an expert of law in my country, but I know that if you want to be able to sue somebody for entering your property, you MUST physically "segregate" your own property with a fence, a net, a gate, a door, and to put a plate where it says: "PRIVATE PROPERTY, DO NOT TRESPASS".
I can think the case here in my country in which landowners can refrain hunters from entering their property (and "having" their intrusion considered as illegal) only if they put a net sorrounding ALL their land and place a plate where it says it is private property: if you break/jump over the net, you trespassed and you are liable of being denounced to police.
Otherwise, if you are a landowner NOT having your property delimited by fence/net and declared so by a plate, once you catch "someone" onto your property, of course you can tell him/her to leave but you cannot sue him/her because there was no physical barrier he/she entered into, nor there was any information that that was your own private property.
Another question: is it still trespassing if you enter into a building that is privately owned (but not owned by a single person, let's say 20 flats owned by 20 different people) and which building has got its bottom gate/door open and you can get into WITHOUT breaking anything?
Can you be denounced for trespassing if you enter by chance into an "open" building or "open" property that has got no physical constraint to the entrance itself?