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I am having an issue with a tresspass warning in which a person tresspassed me on someone else's property and they were only a guest for 2 days. A sheriff made me sign this document and this person was only a guest. I was told that I have to have a Florida statute # in order to resolve this issue. I need to know if she has falsified a legal document that the sheriff says he cannot lift and she is no longer on the premises. So what are my rights as well as the legal tenant of the property?
I am not following how you are involved in her trespassing on someone else's property.
And how does that make her a squatter?
I doubt she did an adverse possession (squat) there so she wouldn't be a squatter without following the guidelines which I am quite sure she didn't.
She trespassed and wants to 'use' squatters rights as an excuse.
Squatter laws no longer exist. And I agree that your post is hard to understand. Can you try to rephrase so we can try to help.
You need to look up the tresspass laws, not "squatters law"
If the guest was acting on behalf or had the authority of the owner they may call the police on you if you were not suppose to be there.
What is commonly referred to as "squatter's rights" is more properly called "adverse possession".Quote:
Originally Posted by ScottGem
The most common adverse possession statutes in Florida are as follows:
95.12 Real property actions.
95.13 Real property actions; possession by legal owner presumed.
95.14 Real property actions; limitation upon action founded upon title.
95.16 Real property actions; adverse possession under color of title.
95.18 Real property actions; adverse possession without color of title.
OK one more time, short and simple, my sister was a guest on my friends property and she had me tresspassed from the girls property, she was not an owner nor did she pay rent there. I was told from an officer that he could not lift my tresspass warning because of "SQUATTERS RIGHTS". She is no longer on the property and he will not lift the tresspass warning... WHAT DO I NEED TO DO?
You have to go to court, plead not guily, tell the Judge why and then it is up to the Judge.
Have a lawyer too. You can ask for a court appointed one
There is NO squatter's rights/adverse possession here in this case.
Sorry, it is short, but not simple. It is again confusing. The confusion comes from the fact that you use ambiguous pronouns such as "she", which could refer to your sister, or the owner and "he" which presumably refers to the owner.Quote:
Originally Posted by Deedrac
So, anyway, are you saying that your sister prohibited you from returning to your friend's property? Your friend ("he") will not "lift the warning"; in other words won't say, in effect "That's ok, forget what your sister told you; you can come back."?
If that is what you are saying, the owner of the property (your "friend") has ratified what your sister told you: that you are not welcome there. As Fr_Chuck has said, your sister appears to have been "acting on behalf or had the authority of the owner" when she "trespassed" you.
What does "squatter's rights" have to do with anything?
Have you been charged with criminal trespass?
Quote:
810.09 Trespass on property other than structure or conveyance.--
1)(a) A person who, without being authorized, licensed, or invited, willfully enters upon or remains in any property other than a structure or conveyance:
1. As to which notice against entering or remaining is given, either by actual communication to the offender or by posting, fencing, or cultivation
...
(b) If the offender defies an order to leave, personally communicated to the offender by the owner of the premises or by an authorized person,. the offender commits a misdemeanor of the first degree,
Stay off the property.Quote:
Originally Posted by Deedrac
A little better, but not quite complete. Lets see if I understand you. Your sister was a guest on someone else's property. You entered this property for some (unstated) reason. Your sister called the police and accused you of trespassing? The police came and issued you a warning and told you not the enter the property anymore. Is that the situation?
If so, were you given a ticket, bench warrant, summons or anything like that? Why do you want the warning lifted? Why were you there? Why did your sister do this to you?
I don't know what the officer told you, but Squatter's rights have nothing to do with this.
But before we can tell you how to deal with the situation, it would help to know the full story, told coherently.
Quote:
Originally Posted by Deedrac
I don't know what "she had me trespassed from the girls property" means.
Is this right - your sister was the guest of a third party; you visited your sister; your sister had you arrested for trespassing on the other person's property?
I don't know what a "trespass warning" is. Do you mean there is some sort of restraining order against you?
Or have you been charged with trespassing and are awaiting a Court hearing?
I think she was charged with trespassing and the police are saying the person living there had squatters rights to press charges on her.
What I don't understand is if the other person invited her as a guest then why did she end up charged? My guess is more to the story that they got upset over something and then wanted to press whatever complaint they could think of.
Also how does the sister have squatter rights.
I think the police were misinformed and seem to assume that a tenant can be assumed a squatter.
It's common parlance in Florida for the act of giving the order to leave given "by the owner of the premises or by an authorized person", pursuant to Florida Statute 810.09(1)(b).Quote:
Originally Posted by JudyKayTee
Quote:
Originally Posted by AK lawyer
I got that. I read the Statute.
As I said - I'm trying to figure out what ""she had me trespassed from the girls property" means.
I think it means that her friend and the tenant got her charged with trespassing.
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