What Constitutes Criminal Trespass?

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If I put up a fence on my property, does the homeowners association have the right to hire a surveyor and survey my property without my permission? Wouldn’t this constitute criminal trespassing? It is very unsettling to come home and find people in your yard without knowing who they are, where they came from, or what they are doing there.

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In many states, surveyors (acting in the course of their employment) are specifically exempted from the trespassing laws, so you may not have much luck, there.

As for the HOA, you would need to review their documents to see what the extent of their authority is. Clearly, whether they’re allowed to do this or not, it would have been appropriate to give you notice of the fact.

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Author: House Attorney