I was told that when a child over 10 jumps on your fence & deliberately breaks it, by kicking it and pulling at it, this was criminal damage because they have crossed your boundary illegally and damaged your property during this illegal act.  On the fence, I have been advised, means illegal trespass - the Police are telling me it does not.  I cant find any Act of Law to support my argument. Can anyone help please.
210576
In the UK you will not find that trespass is illegal except for Crown land.\nTrespass is not a criminal offence and you can not be prosecuted for it except for trespass on Crown owned land.\n"Trespassers will be prosecuted" written on a sign is completely incorrect. Only a civil action may be taken out in the event of trespass. So "Trespassers will face civil action in court" would be more correct but it does not have the same effect!\nAs far as damage to the fence is concerned, this is a criminal matter and if the child is 10 or over, it is regarded in the UK as having reached the age where they are responsible for their actions and could be prosecuted for criminal damage.\nWhether they crossed your boundary or not is irrelevant. If they committed a criminal act, whether or not they were trespassing does not have any bearing on the criminal act of damaging your fence.\nYou must have proof of who damaged your fence. Your say so is not sufficient as it is your word against another person.
63991
The phrase is adverse possession.  It is, in general simple terms, the principle that if someone exercises rights over a property for a long time, it becomes thiers.  \n\nThe law is different in different states, and complicated.  If you didn't know that the fence line was in the wrong place, it may well not be adverse possession.\n\nI know there are lots of clinics set up to help people with property issues in NYC.  Perhaps you can consult one of those if you don't want to consult a private lawyer.  (I knew someone who found help that way, and found the place through her congressman.)\n\nBut I recommend waiting until she has her survey done before you take irreversible action.
490792
Yes I have been followed. No, unless you enter private property there is not an illegal action, unless some other harassment occurs. Maintain your situational awareness, and perhaps lead the person into a very public place, particularly one where there might be a police presence or where police could readily be brought to the area.
567707
Wait a minute.  You saw this happen on the news, and now you're wondering if...what you saw really happened?\n\nAnyway, slagathor's got it pretty well down (couple of posts above mine), but it really depends on what state you're in, and exactly what a person says.  In California, just saying you're going to hurt someone probably does not qualify as a threat because this state requires you to threaten someone with death or great bodily injury...and punching me in the shoulder probably would hurt, but would not be considered great bodily injury.\n\nHere's the law slagathor was talking about, just so you can see how California addresses these kinds of things:\n\n422.  Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is  ade, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby  causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family's safety, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison.
607486
Building department in your county would have that answer.  They vary...but just by the fly it would stand to reason if your neighbor put up a fence then you could set a post right next to his..it's on your property and I don't think there is any setback concerning fencing...
276272
As long as the persons involved in the protest break no law, what can a LEO do? Local law enforcement has no jurisdiction over illegal immigrants if they commit no crime. They can only notify Border Patrol or INS and hope that they step in. We have a trailer park in my jurisdiction filled with illegals that we can't do a doggone thing about. We've called INS several times to no avail. The presence of an illegal alien is a crime punishable only by federal agencys. (You must be from up north)
311488
Illegal immigration is one thing. Threatening to hurt ones child is a totally different thing.\n\nEven if you are angry with what happened with a small bunch of illegals big_divot, taking out your anger on an individual and her daughter is not the way to go. Instead you should make a case against whoever it was and follow it through until they all get the justice they deserve. \n\nThe girl who wrote this topic has every right to report you not to Yahoo Answers, but to the Police. \n\nOne thing is freedom of speech. Another is to make threats to ones livelyhood. And where this is going, your treading on very thin ice.
101519
Anybody can sue, but the question is if there's a cause that is actionable by the court.  A person can not benefit from an illegal action.  In this case breaking in is the illegal action and thus prevents the homeowner from having responsibility.
194368
Please note, there are quite a number of illegal immigrants in our prisons and jails, for rape, murder, drug smuggling and theft. Because they crossed the border illegally, it means that criminals also crossed the border. Without a system, anybody can come in, no matter how diseased or criminal.\n\nAmazingly enough, not all law-breaking illegal immigrants are honest and hard-working people.
633686
No.  It only means that police don't ask if they are here legally until the arrest stage.  Then they ask.   I believe Colorado just passed a law outlawing sanctuaries.  I think that is a good thing.  The idea that somehow it is 'unfair' to enforce the law is one big reason why we got into this situation with 12 to 20 million illegals here.
23589
Well surely laws from city to city, and state to state vary, but the fact that he did it where there were arms would imply that it was on a road. If there was a sidewalk on either side of the tracks especially this would be even more ridiculous. The railroad will go in either direction long enough to make walking over it the only option short of hitching a ride for 12 feet, heh.\n\nI would contact an attorney before making any further actions, because you may have a wrongful arrest case, if the laws are the same where you are as everywhere else I've ever heard of. \n\nA simple answer is that atleast in Washington state it is legal to walk accross tracks if there is no warning of a train or train coming. If you go sit on the tracks, I can see, but crossing over, no.
79963
Scenario 1- you keep the swing, and let neighbouring children play- One child falls and hurts himself-\n\nYou have a potential liability because, it may be argued, that you  allowed them into your yard to play. Even if you can argue successfully that,  you have no liability, you still have the expense and hassle of mounting a defence and a possible ill will feeling in your neighbourhood\n\nScenario 2\nYou fence your area and put up exclusion signs- but still allow, the kids access to the swings- you still may have a potential liability, in that it can be argues you tacitly approved there entry into your yard (by not refusing them entry at any stage)\n\nScenario 3- you fence your area and refuse the poor innocent adorable local children access to those appealling swings- now you turn out to be the neighbour hood scrooge and all around bad guy\n\nIf you were my client I would advise you to dismantle the swings- tell the kids / neighbours that you so like to see happy kids that you are going to donate them to your neighbours to use in their yard\n\nnow you are the good guy again- the kids have somewhere to play, and any potential liability is with your neighbour
333170
It's from an agency that still uses "10 Codes" and can mean anything, depending on where you live. Even some agencies within the same jurisdiction don't apply the same meanings. In the context you've written, I'm guessing it's the 10-code for arrest or detention,(10-15 = arrest, x 3 means they arrested 3 ppl) but it could be warrant checks, officers on scene or something like that. For example, our agency uses "10-10" to say there's a fight but a neighboring agency uses 10-50. Ask the local agency for a list of their 10- code. It's not secret, so they should give it to you.
192703
If someones trespassing and means to harm or steal from you, you could get away with it. Say that you thought he had a weapon. Cops do it all the time. Tell the cops you were afraid. But don't shot kids for stepping on your lawn.
65304
As sad as it sounds, yes the uncle will more than likely be charged with child abuse or endangerment. My friend was done like that. Her kids beat her up and if she tried to protect herself they called the law or social services. She has battery charges against her and the kids were taken. She only disciplined them not abused them. The way the laws are today any kid can hollar child abuse and get by with it and the parents pay no matter what goes on. How's that for the gov't getting involved. Things should go back to when parents took kids out to the woodshed and a lot of things would be better. I know cause i was raised that way.
415922
Nope. Technically, a criminal is someone who does something wrong legally. He's taking a legal action, government has the right to war. It's not illegal.
114665
The laws vary from state to state regarding you rights when someone trespasses on your land and damages your property.  You mentioned "Timber Trespass" laws.  This law may be unique to your state and you can't really ask people to interpret laws they haven't even read.  Your rights in this situation depend on what laws in your state say, so you should consult an attorney in your area.