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Legalities of inspecting the exterior of a property

JimmyTreeX

JimmyTreeX

Registered User
Joined
Sep 4, 2021
Messages
38
Location
Upstate NY
Is it legal (or when is it legal) to inspect someone's rear yard (with fence) or exterior porches/decks - including on the side or rear of property - without the owner or tenant IF you were responding to a complaint?

If anyone has a moment, could you give a brief summary on this specific subject (exterior only)? Like if they have a fence, but no gate, can you walk in? What if you can see over the fence? Porches/decks (including side and/or rear) are accessible, can we walk on them?

Thank you
 
Never "inspect" the exterior without the owner or tenant's permission.

Knock on the front door if no answer you can then go knock on the back door if there is no fence or gate blocking your path. (If there is then leave) What you "observe" in your travels to and from the rear door you can make note of but you can't "inspect" what you have observed.
 
I was told once that a good rule of thumb is don't go any further than someone who is delivering mail or a package. Was also told by someone else not to approach a door that doesn't have an address close to it.
 
Occasionally, a neighbor (usually the one who is complaining) can bring you onto any part of their own property, and if you can see violations in plain sight from there, you can act on those violations.

Example: Property 1 has a stagnant pool in the back yard that is clearly a mosquito breeding paradise. The owner of property 2 is tired of all the mosquitoes, and calls to complain. The owner of property 2 has a rear deck that provides a vantage point to observe the violation, and gives the inspector permission to stand on that deck. The inspector standing on the deck has permission to be where he is, and sees a violation in plain view on another property, then that inspector can address the violation.
 
I would go as far as the front door. If there is a fence and gate I would not go past the gate....no matter how high the fence and gate is. Using a neighbors deck specifically to see into a back yard is no different than using a ladder and is off limits. However, if during an inspection on the neighbors property I happen to see into a back yard and there's a green pool....well that is legal.

I can stand in the middle of a street and take a drone to an altitude of 400'. Without going directly over a property I can see plenty. Is that an illegal search? What about Google Earth?

Back to the fence and gate...I don't think that it is illegal to open the gate and walk up to the front door. For me It's about dogs. Dogs will stay still and wait until you have come far enough past the gate before they come after you. Walking to a back yard could get you shot.
 
mtlogcabin said:
Are you sure? With all the restrictions that CA has on guns and purchasing ammo I would think it would be highly unlikely :D
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You know how it is with laws, rules and restrictions.....as soon as you tell people that they can't have something....everybody has to have it.

My wife's kitchen pantry has a 410 (she's sorta delicate)... She thinks that it is loaded.
 
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ICE said:
I would go as far as the front door. If there is a fence and gate I would not go past the gate....no matter how high the fence and gate is. Using a neighbors deck specifically to see into a back yard is no different than using a ladder and is off limits. However, if during an inspection on the neighbors property I happen to see into a back yard and there's a green pool....well that is legal.

I can stand in the middle of a street and take a drone to an altitude of 400'. Without going directly over a property I can see plenty. Is that an illegal search? What about Google Earth?

Back to the fence and gate...I don't think that it is illegal to open the gate and walk up to the front door. For me It's about dogs. Dogs will stay still and wait until you have come far enough past the gate before they come after you. Walking to a back yard could get you shot.
Click to expand...

I was actually threatened years ago, while with the police, that if he found me on his property, he would "legally shoot me."

Pretty sure he'd have a tough time getting out of that one clean, but it's not worth finding out haha...
 
classicT said:
Look up the Plain View Doctrine.
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Yes thank you.

This is pretty much how I was taught and how I operated for the vast majority of my career, but after we had a couple new inspectors go through the state training recently and they weren't too sure. I also don't wan't to give

Sooooo just double-checking the procedure, and this forum is a wealth of knowledge
 
ICE said:
Walking to a back yard could get you shot.
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That's why the Chief Official told me just go to the front door only don't go looking for someone in the back yard. Good advise!

That Chief and I once was attacked by a swarm of flees when we go close to the front door, he got attacked first and he yelled out "Save yourself!" that carpet's full of Flees!!!

So live another day comrads!
 
We nolonger mow private properties without a judge telling us to do so.
Times are a changing,
BOB
 
I was always told by legal counsel that it was ok to go to the front door or as far as a package would be delivered etc. so.... that's about as far as I feel comfortable going. I wouldnt want anyone snooping around my yard so I do not do it.

As also mentioned above,
If a neighbor complains I will sometimes ask can I see the issue from the street?
If they say no, I ask the neighbor if they would allow me to view it from their property and schedule a meeting?

I was doing a plumbing inspection years ago and three pit bull type dogs broke down the rickety old fence at the house and chased the plumber and I into the basement. (no access to the house) HAHAHA We were banging on the basement ceiling for ten minutes before the homeowner realized and the dogs were secured.
 
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