Neighbor home for sale – trespassing

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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

Answers:

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

Answered 3 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.


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