I understand from a new book that if you put up a`no hawkers' and/or `No trespressers' sign or something like that,that you can sue an individual for trespressing.
Not exactly sure if I have got this right.
Can jws be sued for trespress(sp?)
by badboy 6 Replies latest jw friends
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DevonMcBride
They can be sued and have been. There are a number of private communities with No Trespassing signs at the entrance.
Devon
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nobody told me
Yes, but the individual dub is on his own on this one. The Watchtower assumes no responsibilty in a tresspassing case. They assume the risk themself and make the choice to obey the no tresspassing sign or not.
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ozziepost
No, it's not true. Let me explain.
Firstly, trespass is an act actionable in the civil courts, not the criminal courts, unless local government has enacted a by-law for the area in question.
Secondly, an individual is acting within the law in entering private property if he/she can demonstrate legitimate business. The "No Trespassers" and "No Hawkers" signs are irrelevant as far as the Dubs are concerned, as it's been determined in the courts that the work of calling at people's homes is part of the religious practice of the JWs and as such could not be actioned.
Thirdly, if the individual, say a dub, was approaching or at the front entrance, this would be lawful. However, if the caller went round the back, then the occupier may be within their rights to protect their property e.g. a guard-dog.
It's a risky business to have a savage dog toprotect your property if the dog impinges on lawful access to the front-door of a premises.
Cheers, Ozzie
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Gordy
It was once explain by a JW Elder who was also a lawyer.
That in England any pathway to a front door was called an "invitation to call" as long as a person calling stayed on the pathway they could not be called trespassers.
As long as a person stayed on the pathway, didn't step off it on to the land either side of it, or did not cross the doorstep without invitation, they could not be called trespassers.,
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