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  1. #1
    Join Date
    Sep 2019
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    3

    Default Inspection Trespass

    My question involves real estate located in the State of: Colorado

    A while ago I switched insurance on my house that my wife and I have owned for 5 years+. I learned two weeks later from the new insurance carrier that an inspector from a third party had carried out an “outside” inspection at the insurance carrier request, (either my wife nor I nor our two kids were there at the time of the inspection) and I obtained the report. The report shows pictures taken close (10-20’) of all sides of the house, when our property lines are 100’ or more from the house. It is impossible, in addition, to take good pictures or have a good view from the street given there are tall and thick hedges at the property lines. There is also a picture of the inspector ladder right on one of the walls of the house.

    I should stress that I was given no notice nor asked for permission, although the report states that a phone call was made, which is untrue and I can easily prove it with my phone records. I should also add that I carefully examined our (new) insurance policy (in effect when the inspection was done) and there is no language whatsoever stipulating that we give our consent for entering our property.

    Seems to me that the inspector trespassed. While we have nothing to hide (the inspection actually noted nothing negative), I was shocked to learn that someone I don’t know/stranger simply decided to walk close/around my home without any consent (which I would have given if asked, making sure I would have been there). Nothing, apparently, was disturbed yet I’ve felt a nasty feeling of being violated. I should also probably add that while we have no "no trespassing sign", the limits of the property are obvious (city, combination of fence and hedges).

    I am contemplating pressing charges for trespassing against the third party company for which the inspector worked for. Am I entitled to do so, and are there any cons/dangers in doing that? Just doesn’t feel and seem right.

  2. #2
    Join Date
    Oct 2006
    Posts
    15,932

    Default Re: Inspection Trespass

    Quote Quoting jos
    View Post
    My question involves real estate located in the State of: Colorado

    A while ago I switched insurance on my house that my wife and I have owned for 5 years+. I learned two weeks later from the new insurance carrier that an inspector from a third party had carried out an “outside” inspection at the insurance carrier request, (either my wife nor I nor our two kids were there at the time of the inspection) and I obtained the report. The report shows pictures taken close (10-20’) of all sides of the house, when our property lines are 100’ or more from the house. It is impossible, in addition, to take good pictures or have a good view from the street given there are tall and thick hedges at the property lines. There is also a picture of the inspector ladder right on one of the walls of the house.

    I should stress that I was given no notice nor asked for permission, although the report states that a phone call was made, which is untrue and I can easily prove it with my phone records. I should also add that I carefully examined our (new) insurance policy (in effect when the inspection was done) and there is no language whatsoever stipulating that we give our consent for entering our property.

    Seems to me that the inspector trespassed. While we have nothing to hide (the inspection actually noted nothing negative), I was shocked to learn that someone I don’t know/stranger simply decided to walk close/around my home without any consent (which I would have given if asked, making sure I would have been there). Nothing, apparently, was disturbed yet I’ve felt a nasty feeling of being violated. I should also probably add that while we have no "no trespassing sign", the limits of the property are obvious (city, combination of fence and hedges).

    I am contemplating pressing charges for trespassing against the third party company for which the inspector worked for. Am I entitled to do so, and are there any cons/dangers in doing that? Just doesn’t feel and seem right.
    I suspect that when you applied for the new insurance policy that there was language that you agreed to an inspection by the insurance company or their agents.

    It is honestly quite normal for any insurance company to make that kind of inspection.

  3. #3
    Join Date
    Mar 2013
    Posts
    17,481

    Default Re: Inspection Trespass

    Quote Quoting jos
    View Post

    I am contemplating pressing charges for trespassing against the third party company for which the inspector worked for. Am I entitled to do so, and are there any cons/dangers in doing that? Just doesn’t feel and seem right.
    Sorry, but it's right, proper and legal. You won't leave the gate with a report of trespassing because what the inspector did by walking on to your property was not "unlawful" for two reasons:

    1 - Because the trespassing statute requires that the trespasser enter "unlawfully." See 18-4-504:

    https://law.justia.com/codes/colorad...tion-18-4-504/

    2 - Even without your knowledge or consent there was no unlawful entry because you authorized the inspection and other types of investigation when you filled out and signed the application for insurance. This is a standard application used in Colorado and other states. Check out page 5:

    http://hullconw.com/wp-content/uploa...0_Fillable.pdf

    If this was not the application used, your insurance company may have its own application with similar wording.

    Your insurance company did what any insurance company does for a new application.

  4. #4
    Join Date
    Sep 2019
    Posts
    3

    Default Re: Inspection Trespass

    Thank you, IIworking and adjusterjack for your responses.

    I understand what you are saying, yet I am absolutely positive that I never signed any application. In fact I didn't fill out any application, hand written or electronic, or signed any document, and the whole switch from old to new insurance was done over the phone, with no reference at any time to any inspection. (This was after I had responded by phone to an offer they sent me by mail, that included a google picture of the home). The only thing I authorized, and that was verbally over the phone, was for the insurance agent to contact my mortgage company to start the new policy, with premium and coverage we had verbally agreed on prior.

    Also the only document I have received at this time, besides the inspection report, is the policy, that contains no language as far as agreeing to inspections.

    Perhaps I did sign something years ago (I don't remember) with the former insurance carrier, and it's tacitly understood that the same terms would apply for a new and completely unrelated insurance company? If so that tacit agreement just doesn't feel legit ...

  5. #5
    Join Date
    Mar 2013
    Posts
    17,481

    Default Re: Inspection Trespass

    Quote Quoting jos
    View Post
    Thank you, IIworking and adjusterjack for your responses.

    I understand what you are saying, yet I am absolutely positive that I never signed any application. In fact I didn't fill out any application, or sign any document, and the whole switch from old to new insurance was done over the phone, with no reference at any time to any inspection. The only thing I authorized, and that was verbally over the phone, was for the insurance agent to contact my mortgage company to start the new policy, with premium and coverage we had verbally agreed on prior.

    Also the only document I have received at this time, besides the inspection report, is the policy, that contains no language as far as agreeing to inspections.
    Come down off your high dudgeon.

    An inspection is a standard industry practice. It's allowed because it's not prohibited by any statute. Consent is implied any time you apply for a policy even if you don't sign anything. If you call up an agent or insurance company and say "I want to apply but do not inspect my house" the next thing you hear is "click."

    If you want to punish the insurance company for the inspection, send back the policy for cancellation. I'm sure that the insurance company will be sad to lose you as a customer. Then you can apply somewhere else on whatever terms you dictate and see how it goes.

    You're over-reacting to beat the band.

  6. #6
    Join Date
    Sep 2019
    Posts
    3

    Default Re: Inspection Trespass

    Fair enough.

    No need to mention a high dungeon, perhaps you've never been in a similar situation where you've felt your privacy was violated. Sounds like insider access to a home is just fair game and legal when it comes to insurance companies, I didn't know this.

    Btw of course I would have agreed to an inspection, if notified and at least given some opportunity to be there.

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