Does a no trespass notice remain in effect if the person (who had control of the land previously) is no longer in control of the land?

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Does a no trespass notice remain in effect if the person (who had control of the land previously) is no longer in control of the land?

I received a no trespass notice for a church property signed by the pastor. I complained to the diocese and the pastor was removed. The diocese does not want to intervene (my guess is because of liabilty) and rescind the notice. The pastor is gone, and no longer in control of the land. The new pastor is currently out of the country. A friend died and I want to attend his funeral. Is the no trespass notice still in effect?

Asked on July 6, 2009 under Criminal Law, Virginia

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I'd say that the notice is still in effect.  I'm not a Virginia attorney, and the laws about the no trespass notice may be unusual. But as a general legal principle, something that's put in place by writing usually has to have a writing to remove it.

The former pastor didn't sign the notice as an individual, he signed it on behalf of the church organization.  So the fact that he's gone doesn't matter.


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