Legal Question in Personal Injury in Virginia

What is Trespass under VA law?

I have just bought a condo in VA. I am getting it remodelled. The bylaws say that the management can only enter with written permission or in an emergency such as flood or fire. The manager has been barging in to yell at my contractors without telling me first. He did this yesterday and the day before. Is this a trespass? I want to start making notes of when he oversteps his boundaries because he has been aggressive and frankly, appears racist (I am Pakistani, my contractors are Iranian, and this guy is white American). I want to know my rights under VA law.

Thanks.


Asked on 9/09/04, 11:28 am

3 Answers from Attorneys

Thomas Dunlap Dunlap, Grubb & Weaver, PLLC

Re: What is Trespass under VA law?

I would have to see the terms of your agreement (the Bylaws) I suspect you may have a claim. Please contact our consumer law attorney at 703-777-7319 (Thorick Dino) or Thomas Robinett at 540-722-3383

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Answered on 9/09/04, 11:42 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: What is Trespass under VA law?

If your Association's bylaws say as you claim, send the intruding one a certified letter, return receipt requested, citing the applicable bylaws and recounting his alleged recent violations and putting him on formal notice that any such future intrusions will be considered illegal entries and, complained of, accordingly, to the local police as trespasses to your private property.

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Answered on 9/09/04, 3:25 pm
Jonathon Moseley Jonathon A. Moseley

Re: What is Trespass under VA law?

Bear in mind that a "trespass" means entering without consent or more precisely after you tell someone to leave or not to enter. Therefore if you don't tell the manager to stop barging in to your home, there is no "trespass." One of the things you have to prove to prove a trespass is that you told someone not to enter your property. So if you don't say anything you don't have a claim for trespass.

A condo is not an apartment. You own it. But the manager is acting like it is an apartment that is still owned by his company.

Because you don't want to make an enemy, you might start with a letter asking for clarification. Talk about the section of the bylaws that you are reading and say that you understood you were buying a condominium as real property that you own, as our own house, and you don't understand why the management is entering without asking as if this were an apartment that you don't own.

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Answered on 9/10/04, 12:24 am


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