Legal Question in Real Estate Law in California

Realtor access to private property

A Realtor entered my 42 acre property, via an

easement, with a friend on their motorcycles with

helmets on. He claimed that he was representing a

client further down the road who had a legal access

easement. Because he had prior knowledge that

motorcycles were not permited and his face was

covered and he had no other visible identification I did

not recognize him as a realtor and challenged him as

an intruder. I fired a warning shot to stop the

trespassing which frightened him and his friend. Two

days later they filed a complaint with the police that

resulted in a search for weapons that turned into an

expensive criminal defense, monetarily and

emotionally. Can I sue him, his broker, and the Board of

Realtors for his negligence and incompetence for not

entering my property in a professional manner?


Asked on 2/11/03, 8:34 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Realtor access to private property

Firing a warning shot is probably not a Penal Code 240 assault unless you intended to 'commit a violent injury' on the alleged victim. However, other PC sections, e.g. 246.3, prohibit firearm discharge. I don't know whether you won or lost your criminal case. If you were found guilty or pleaded nolo to any criminal offense, your proposed civil suit against the real estate agent, etc. is doomed from the start. If you were acquitted, or the charges dropped, there is a slight chance you could prevail in a civil action against the individual agent, but the chance of your prevailing is quite slim unless the behavior of the agent was really egregious, because the law does not smile on brandishing and discharging weapons to halt trespasses to vacant land. If it were a threatened or actual home invasion, it could be another story.

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Answered on 2/11/03, 9:27 pm


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