Can Someone Enter Your Property Without Permission?

Someone Enter Your Property Without Permission

When you have a property there are obviously concerns you can have. One of the primary concerns is the security of your property. The most prevalent property crimes are theft and larceny. Other common ones are burglaries and vandalism, amongst others. No wonder it is commonplace to see virtually everyone investing in security measures for their property. The thrust is to bar anyone from entering the property without permission. Entering without permission is where it all starts. There is a crucial question though; can someone enter your property without permission? Let us discuss that.

General Law Of Trespass

By law, trespassing is defined as any of the various torts involving interference to another’s enjoyment of their property, especially the act of being present on another’s land without lawful excuse. ‘Their property’ there does not only refer to when it is a property you own. It also refers to a property you legally reside at. Thus it pertains to both ownership and legal occupation. Universally, someone is not allowed to enter your property without permission. If they do so you are entitled to instruct them to leave. If push comes to shove you are even entitled to use lawful force to get them off your property.

Exceptions Are There – Lawfully Permitted

As much as no one can just enter your property without permission, there are someone who can, lawfully. By law they are entitled to enter your property without permission. However, you still retain the right to ask them to identify themselves and their purpose for being there. You also retain the right to ask them to leave your property if you feel so. Examples of such people are police officers, delivery services personnel, utility services personnel, and emergency services personnel, amongst others. The operative aspect for them to enter your property without permission is being in official capacities and on official business.

Property Open To The General Public

Your property might be one that is open to the general public. There are countless possible reasons that can make it so. For instance, you might be running a business from there. If your property is open to the general public people have the right to access your property. Notice the distinction here: it will no longer necessarily be a private property. Thus people can enter your property without permission. However, you can still ask someone to leave if need be. Upon reasonable grounds you can even deny someone entry. Suffice to say, tenets of common law will mostly apply given the right set of circumstances.

Landlord And Tenant Dynamics

Let us suppose that you are leasing a property. It could be for commercial or residential purposes. Your landlord in essence owns the property. Does that mean they can enter your property without permission? This is a topical question that pops up a lot. This is because misunderstandings and altercations between landlords and tenants happens often. To better understand landlord and tenant dynamics you need to grasp two terms. These are ownership and possession.

As a tenant when you are legally on a property you have right of possession. By having that right you can permit or disallow someone from entering your property. If anyone enters your property without your permission, that is actually trespassing. That applies to even your landlord – the one who owns the property. You need to know this because some landlords exercise a right over tenants they do not have. Always bear in mind that a landlord cannot just enter your property without permission.

Relational Basis To Enter Your Property Without Permission

There are people who can enter your property without permission based on relation. They are also an exception.  By ‘relation’ we are looking at people who derive the priviledge because they relate with you somehow. For example, family members, relatives, and friends can enter your property without permission. The fact that you know each other can make it okay for them to enter your property without permission. However, there are considerations to be respected by such people. They can only enter your property without permission for reasonable purposes. Plus this might not apply or sit well with everyone.

It is often considerate to inform the property owner or occupant first. For instance, you might want to go collect something in their absence. You might to choose to get it on any random day. Of course you could go and enter the property without permission but only if the owner or occupant knows about it. There are no doubt gray areas on this pool of people who can enter your property without permission. Sure enough it is possible but if improperly handled it can compromise the integrity and security of your property.

Exigent Circumstances

We are not going to dwell on exigent circumstances in light of police officers. Rather we are looking at exigent circumstances in light of people in general. Part of the definition says, ‘exigent circumstances are circumstances that would cause a reasonable person to believe that entry (or other relevant prompt action) is necessary to prevent physical harm to officers or other persons…’ This suggests that someone or people can enter a property without permission if there is need for urgent intervention. For instance, you can collapse whilst on your property. A neighbour or passer-by might witness the incident. Given the gravity of the situation they can enter without permission to administer first aid whilst waiting for authorities.

Conclusion

As a rule of thumb, you need to always be fully informed about any scenario. Whenever there is a scenario where you are thinking of entering a property without permission; think twice. You need to be sure you will not end up being liable in any way. Make this your principle so that you do not get caught up in legal troubles. Never mind you are even a lawful exception, always be sure you know the legal ramifications. It might actually be wiser to instead just seek permission prior to entering the property.