No attempt is made in the present volume to present the criminal statutes of the several states relating to offenses against real property. A provision of the New York statutes follows, in order to illustrate how the criminal laws prohibiting trepass might possibly affect the broker. As will be noted, going upon property of another and affixing thereon "to let" or "for sale" signs without being authorized may subject a real estate agent to criminal liability. Since we are not aware of any reported opinion judicially declaring that the acts above mentioned are within the provisions given, we merely quote the provisions without comment.
"A person who places upon or affixes to, or causes or procures to be placed upon or affixed to, real property not his own, or a rock, tree, wall, fence, or other structure thereupon, without the consent of the owner, any words, characters or device, as a notice of, or reference to, any article, business, exhibition, profession, matter or event, is punishable by imprisonment for not more than six months, or by a fine of not more than two hundred and fifty dollars, or by both. The placing or affixing of any words, characters, device or notice, of any article, business or other thing, to or upon any property or place specified in this section, is presumptive evidence that the proprietor, vendor or exhibitor thereof caused or procured the same to be so placed or affixed."39
37 Clark on Contracts, pp. 731, 732. 38 N. Y. Penal Law, Sec. 2036.
39 N. Y. Penal Law, Sec. 121.