Trespassing
By Jim Palmer Jr.

We live in a day and time when anarchists are running wild in some parts of our country and many people excuse their crimes of trespassing, theft, vandalism and even assault in order to promote what they perceive to be a greater cause. While I am sympathetic to any righteous cause, certain restraint is always advisable in promoting that cause. I was always taught that two wrongs don’t make a right! While thinking about this crass assault against property owners, it occurred to me that a similar but less abusive lack of courtesy occurs frequently in the real estate business. That usually happens when people assume that when a For Sale sign is placed on a property, they have the automatic right to go snoop around, which couldn’t be further from the truth.

Owning property in this country is one of our basic rights that should not be taken for granted. As part of that ownership, the landowner can reasonably expect that no one may enter that property without permission. A For Sale sign does NOT give that permission! Criminal trespass in the first degree is legally described as a gross misdemeanor, which is knowingly entering a property of another without first gaining permission.

I recently received a call from a well meaning trespasser who called to let me know that someone was “squatting” in a vacant home I had listed. As it turns out, the seller was staying temporarily in the home while doing some work on the property and the evidence of a squatter was the seller’s own untidy personal belongings. The informant had only noticed the evidence of occupancy because they were on the property uninvited, peaking through the windows like a Peeping Tom. The irony of that situation is that the well meaning informant was the trespasser.

Brokers frequently post sign riders on For Sale signs that specify “Showing By Appointment Only.” While that posted declaration designates specific access limitations, the lack of such signage does not indicate free reign access. On properties without such signage, permission must also be granted before any access is legal.

Buyers or tire-kickers should always be careful to avoid becoming a trespasser on listed properties! Since the broker is an agent of the seller, they are able to grant permission for access based on the sellers contracted showing instructions, therefore a call to the listing or selling broker is always a condition before a viewing can occur, even when the property is vacant land.