Legal Question in Civil Litigation in Pennsylvania

Walking Through Yards

Can I legally walk through someone's yard as a short cut? I don't think it's trespassing unless they have no trespassing signs up or if they have a gate. I'm asking because I walk through this guys yard once in a while because it cuts 5 mins. out of my travel and he yelled at me the last time so I politely told him I'd go around and that I didn't think it was a big deal to walk through someone's yard, it's not like I'm hanging out and throwing a party or trying to break into his shed in the yard or anything. I'm just checking because I doubt anything would happen if I would walk through his yard and if he yells at me I just ignore him and keep walking but I want to be sure that I'm not going to bring the wrath of the cops down on me for something so minor.


Asked on 2/03/08, 6:42 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Walking Through Yards

You asked about trespassing.

Trespassing is simply being on (or in) real property that a person is not privileged to be on (or in). Unless a person is invited, such as a retail establishment, private home, public property, et cetera then there is no privilege to be on the property.

Generally a person will not be charged with trespassing unless they were on notice that they were not invited (or were disinvited) from a particular property. This is the function of "no trespassing" signs. If someone passes a NT sign then they should have been on notice. The trespasser is then subject to arrest.

In your case, you've been put on notice that you are not welcome on that property. The owner is correct, you could be cited for trespassing. When you get your own property you will understand why people become possessive. You may not have any bad intentions, but people before you may not have been so kind.

You could also look into this situation as the owner. Go up to the door, introduce yourself, say hello, and apologize for trespassing without permission. Than ask if he would mind if you transit his property and why. If you do it right chances are that he will allow you to dos so. If he says no, remember that that is his prerogative and that he deserves no disrespect because he said no.

Regards,

Roger

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Answered on 2/04/08, 12:02 am


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