Legal Question in Real Estate Law in Indiana

trespassing

Is it legal for a person to detain persons he says is trespassing on his property at gunpoint?


Asked on 8/13/01, 8:04 am

1 Answer from Attorneys

Mary Ann Wunder Wunder & Wunder

Re: trespassing

Probably not. However he might be able to use reasonable force to hold the trespassers for the local authorities to come & arrest them if they also agree these persons are trespassing. The best solution short of arrests is for either or both sides to petition the local courts for a protective order or injunction to prevent the trespass (if that is what is happening) or to prevent the pointing of a gun (if there is no trespass).

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Answered on 8/14/01, 12:25 pm


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