Neighbor home for sale – trespassing

UPDATED: Oct 1, 2022

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Neighbor home for sale – trespassing

Our nasty neighbor is selling his home. He
made a point to tell me if I or any relative of
mine views his home with a realtor and/or
attend an open house, he will consider it
trespassing and will prosecute. Obviously we
dont get along but one of my children may be
interested in the home and wed like to view it
through the normal process. Without prior
legal proceedings, he cant really act on this
threat, can he?

Asked on July 16, 2018 under Real Estate Law, Michigan


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Trespass is the volitional entry onto the land of another without consent or legal privilege.
There is no trespass case here because an open house or viewing the home with a realtor is done with the consent of the owner.  Therefore, the owner / seller has given implied consent for potential buyers to attend an open house or view the home with a realtor.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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