
Originally Posted by
FN1910
I don't exactly know what you mean by entering anywhere he likes but he does have the right to enter your property in order to mark the utilities anywhere he reasonably thinks they might be and to reasonably access in any reasonable manner he needs to. Note the words reasonable and by that if the side road is blocked then he can enter via the front. He is not trespassing as you gave him the right when you accepted the service from the utility or allowed the utility to be placed on your property.
As for the Castle Doctrine I do not know the details in MO but in SC it does not matter whether you are inside or outside your house. All that is required for it to apply is that you are in a place where you have the right to be. The Castle Doctrine and Stand Your Ground are combined in SC into the Persons and Property Protection Act I think it is called. I know it is the PPPA and covers you anywhere you have the right to be as long as you are not breaking any law and do not start it.
Before we bought this house in the 70's, we had this land surveyed. We know where the utilities are. Suffice to say, the side of our street is being widened. Then there was this guy (he was replaced recently due to many of the neighbours here, including us...) complained about him. He was rude, irreverent and arrogant mainly. In one of his conversations with my husband, he threatened my husband with a gun. This is after saying that he used to be in the army and that he has a gun and he can go anywhere in any properties in our neighbourhood anywhere he like. My husband said, you see that flag over there? pointing to the flag in front of our house "My son is an officer in the US Army. I do not like the way you talked to me and I do not like your attitude. There is nothing in my backyard and if you go inside any fenced properties in this area, you are liable to be shot. And you better clean yourself up. You looked like a bum." This is his only one of his altercation with the young man. Maybe he is telling the truth, but then there is also the possibility that he has been moonlighting after work because one of our neighbours caught him on the side of his house by his telephone box at 8:30pm. Then another neighbour who has two telephone lines, his phone box was forced opened despite that the telephone company had secured it after reporting the incident to them and one of his lines were tampered with. Then one very early Sunday morning, I noticed this guy going to our front neighbour's side of the house, stomping on the plants along the way up. My husband took one look and said that that was the guy he had an altercation with. I called our neighbour but they were in church so I called the next door neighbour to him and he came out and asked the guy what he was doing. The guy swore at him that it is none of his business and he should stick his head inside his own house and leave him alone. My neighbour asked his wife to call the police. Before the police came, this neighbour asked me about our Castle Doctrine. What I do not know if it covers the property line or just inside our house or cars where we are. BTW, I took photos this guy...for reference.
I am sorry for this long post I really did not want to tell you all about this incident as it had seemed petty at first....in short, this guy admitted to the police that he was the one who tampered with our neighbour's phone box. I really just want to know the simple answer to my question not relate to you what really happened.
"Don't let the door hit ya where the dawg shudda bit ya!"
G'day and Glock
GATEWAY SWIFT WING ST. LOUIS