Trespassing

[Treadwell Parkhurst]

Can a Mortgage Company's Property Inspector ignore "No Trespassing" signs in Connecticut and take pictures of the exterior?

 

[adjusterjack]

Yes, he absolutely can.

He has a legitimate reason for being on the property so it's not trespassing.

 

[justalayman]

Yes, he absolutely can.

He has a legitimate reason for being on the property so it's not trespassing.

Bs

I can prohibit anybody from entering my property regardless of their business purposes unless they have a warrant.



There is a possibility the inspector has a contractual right and permission to enter the property though. If somewhere in the multitude of pages in the ops mortgage contract there is such permission granted, then the inspector can enter for the purposes stated.


I have to amend my answer. In many states a surveyor has a lawful right to enter property to perform his duties. So, unless there is a warrant or there is a law allowing the entry, They are trespassing if I have refused permission

 

[quincy]

The key is knowing whether the mortgage company's property inspector is "licensed or privileged" to enter onto or remain on the property.

Treadwell, what is the mortgage company's relationship to the property?

 

[justalayman]

I wholeheartedly agree

https://www.cga.ct.gov/2002/rpt/2002-R-0365.htm

A licensee is someone privileged to enter or remain on land because the possessor consents to it, either by invitation or permission (Salaman v. Waterbury, 246 Conn. 298 (1998)).

So unless the op granted permission somewhere along the line, entering after notice such as the sign provides is trespassing.
Also notice the statement is the possessor, not the owner. That could be a critical difference if the op is a tenant and the owner is selling the property or otherwise has reason to allow a mortgage company's Property inspector onto the property.

 

[adjusterjack]

I can prohibit anybody from entering my property regardless of their business purposes unless they have a warrant.

We are talking about criminal law here, not you getting on your high horse if somebody from the mortgage company steps on to your property and takes pictures when you don't want them to. What are you going to do if the guy says "I'm here from the mortgage company" and keeps on taking his photos? Will you physically assault him to force him off the property, huff and puff and stamp your feet, call the police "He's trespassing, arrest him." Police: "He's from the mortgage company, he's not trespassing, take it up with your mortgage company." Mortgage man: "That's OK, officer, I have what I need. I'll leave now. Have a nice day."

 

[justalayman]

We are talking about criminal law here, not you getting on your high horse if somebody from the mortgage company steps on to your property and takes pictures when you don't want them to. What are you going to do if the guy says "I'm here from the mortgage company" and keeps on taking his photos? Will you physically assault him to force him off the property, huff and puff and stamp your feet, call the police "He's trespassing, arrest him." Police: "He's from the mortgage company, he's not trespassing, take it up with your mortgage company." Mortgage man: "That's OK, officer, I have what I need. I'll leave now. Have a nice day."

Of,course we are talking)g about criminal law. It is criminally illegal to enter onto property which you have been given notice you are not allowed to enter.

Yes, I can physically remove him from my property

In fact, in my state, I get to have my gun with me and demand be leave

And I don’t know how stupid your cops are but the guy would be required to prove his right to be on my property. I feel sorry for you that the police in your area won’t enforce the laws, especially one regarding one’s own property.



It’s really foolish of you to suggest a person commit a crime on a site intended to provide legal guidance

 

[adjusterjack]

smh

 

[quincy]

Here are links to the (potentially) applicable trespass laws - with the first link to "simple trespass" (an infraction) and the second to criminal trespass in the third degree (misdemeanor):

https://law.justia.com/codes/connecticut/2018/title-53a/chapter-952/section-53a-110a/
https://law.justia.com/codes/connecticut/2018/title-53a/chapter-952/section-53a-109/
Again, whether there is trespassing will depend on whether the inspector is licensed or privileged. I imagine the inspector has such license and privilege.

 

[justalayman]

Unless he enjoys such privilege, due to the sign being posted, it would appear criminal trespass would be applicable.



But I have to ask: why do you believe the inspector has such privilege or license, especially given the minimal information provided ?

 

[quincy]

I suspect permission to inspect the premises was granted in mortgage documents - but that is merely a guess on my part based on nothing really - so you shouldn't worry your pretty little head about it, justalayman.

 

[eerelations]

I don't understand - if you've applied for a mortgage, and one of the main ways to get that mortgage is to prove to the mortgage company that the value of your property does in fact rise to the level required for the size of the mortgage you've applied for, why would you scupper your application by refusing to allow the surveyor on your property to obtain said proof?

 

[quincy]

I don't understand - if you've applied for a mortgage, and one of the main ways to get that mortgage is to prove to the mortgage company that the value of your property does in fact rise to the level required for the size of the mortgage you've applied for, why would you scupper your application by refusing to allow the surveyor on your property to obtain said proof?

Treadwell has not said who s/he is or why the question on trespass. It could be that Treadwell is a tenant and it could be Treadwell is a homeowner whose house is being foreclosed ... there is a lot that is unknown.