Is this trespassing?

[Va_resident92]

Virginia


I live in Virginia. We have a 200 foot long driveway with a gate about half way down. At night, we close the gate. It has a no trespassing sign on it and another sign that says to leave deliveries at the gate if it is closed. We also have a note on our Amazon account to leave packages at the gate if it is closed. Last night, an unmarked car was at the gate. The person contacted me via our intercom and said he had an Amazon delivery. I asked that he leave it at the gate as the sign states. He did not respond so I assumed that is what he did. Later, I noticed the package was well into our yard about fifty feet. We checked our security cameras and the driver unhitched our gate (lock is on the inside of the gate), walked into our property to put the package in our yard. He closed the gate and left. Is this considered trespassing? I would like to file charges because we have a locked gate with signs for a reason.

 

[quincy]

Virginia


I live in Virginia. We have a 200 foot long driveway with a gate about half way down. At night, we close the gate. It has a no trespassing sign on it and another sign that says to leave deliveries at the gate if it is closed. We also have a note on our Amazon account to leave packages at the gate if it is closed. Last night, an unmarked car was at the gate. The person contacted me via our intercom and said he had an Amazon delivery. I asked that he leave it at the gate as the sign states. He did not respond so I assumed that is what he did. Later, I noticed the package was well into our yard about fifty feet. We checked our security cameras and the driver unhitched our gate (lock is on the inside of the gate), walked into our property to put the package in our yard. He closed the gate and left. Is this considered trespassing? I would like to file charges because we have a locked gate with signs for a reason.

The Amazon delivery driver is responsible for making sure the delivery is made. Leaving it outside your gate leaves the package vulnerable to theft and could leave the driver vulnerable to a firing.

That said, if the driver left the package “at the gate” as you requested, whether outside the gate or inside the gate, he followed your instructions. I think it a mistake on your part to file a complaint against Amazon. You ordered a package and the package was delivered.

 

[quincy]

Here is a link to the Virginia laws on trespass:

https://law.lis.virginia.gov/vacode/title18.2/chapter5/#article5/

 

[Zigner]

Let's say it is a trespass. So what? The police aren't going to do anything, and you have no damages.

Lighten up.

 

[LdiJ]

Virginia


I live in Virginia. We have a 200 foot long driveway with a gate about half way down. At night, we close the gate. It has a no trespassing sign on it and another sign that says to leave deliveries at the gate if it is closed. We also have a note on our Amazon account to leave packages at the gate if it is closed. Last night, an unmarked car was at the gate. The person contacted me via our intercom and said he had an Amazon delivery. I asked that he leave it at the gate as the sign states. He did not respond so I assumed that is what he did. Later, I noticed the package was well into our yard about fifty feet. We checked our security cameras and the driver unhitched our gate (lock is on the inside of the gate), walked into our property to put the package in our yard. He closed the gate and left. Is this considered trespassing? I would like to file charges because we have a locked gate with signs for a reason.

Clearly your gate wasn't locked since he was able to open it. Your gate doesn't do you any good unless it is actually locked. I doubt that the police would bother trying to arrest a delivery person for putting a package inside an unlocked gate.

 

[quincy]

Let's say it is a trespass. So what? The police aren't going to do anything, and you have no damages.

Lighten up.

There potentially would be more problems for Amazon and the delivery driver if the package had been stolen or damaged.

 

[Va_resident92]

Thanks. I appreciate the feedback. It sounds like we need to get a better secured gate if we do not want people on our property when it is closed.

 

[zddoodah]

the driver unhitched our gate (lock is on the inside of the gate), walked into our property. . . . we have a locked gate. . . .

If you have a locked gate, how was the driver able to unhitch the gate and walk inside?

I would like to file charges

Really? Seriously? You can't file charges. You can report the matter to the police. Feel free to do that and see what happens. Unless you live somewhere where no real crime occurs, I think the most likely response will be a suggestion to let it go.

 

[quincy]

Thanks. I appreciate the feedback. It sounds like we need to get a better secured gate if we do not want people on our property when it is closed.

A better-secured gate is certainly one solution. You might also think about installing a package “drop box” by the gate so that delivery drivers can document delivery without fear of being accused of non-delivery. A locked box could also work to prevent theft.

 

[Va_resident92]

A better-secured gate is certainly one solution. You might also think about installing a package “drop box” by the gate so that delivery drivers can document delivery without fear of being accused of non-delivery. A locked box could also work to prevent theft.

That's a good idea. We'll look into that.

 

[quincy]

That's a good idea. We'll look into that.

One other thought: If your intercom is like many (most?), there are both “talk” and “listen” buttons. It is possible that the Amazon driver pressed the talk button to say into the speaker that your package was left for you but did not press the “listen” button to hear any response from you.

Whatever the case , I think shoring up your home security/security gate probably is the best way to prevent (as best as anyone can) any unwanted visitors.

 

[adjusterjack]

Is this considered trespassing?

No.

He entered the property for a lawful purpose.

Now get down off your high horse. Nobody did anything wrong to you.

 

[quincy]

No.

He entered the property for a lawful purpose.

Now get down off your high horse. Nobody did anything wrong to you.

Well ... it potentially could be considered trespassing, as the driver was informed by written instructions on the order, oral instructions by the homeowner, and by the “no trespassing” signage at the gate that packages should be left at the gate. The driver chose to ignore instructions and he entered through the gate to deposit the package.

There are certainly legitimate arguments that can be made to excuse the actions of the driver and defeat a claim of trespass, including a misunderstanding of the instructions (e.g., “at the gate” could mean inside or outside the gate).

But filing a complaint against the driver and/or Amazon seems to be a waste of time (and a good way to never get deliveries to the house again).