Tresspass issues

SwampDonkey · October 21, 2007, 09:25:15 AM

I didn't want to have to start a new thread here, but wanted to tuck this post in with an ongoing Tresspass thread. Couldn't find one, so here's one.

Went up to the woodlot this morning to see some of the local ignorant, disrespectful, low lifes tore down some new property signs I had posted out front. I just went back up and put some more posts in and need to go to the store for signs. I figure it was done yesterday and I see fresh beer cans and bottles up and down the road. I hope they had a good time. :

Texas Ranger · October 21, 2007, 09:49:03 AM

Metal signs, 110 lead to signs, no more problems. 8)

scgargoyle · October 21, 2007, 09:57:55 AM

How 'bout a sign that looks like a target, and in very small type reads "You're blocking my target."

SwampDonkey · October 21, 2007, 01:12:44 PM

Pretty limited in the signage department. I just use those Dollar Store ones, good enough to get torn down. :

I got the new replacement signs up a bit ago though. Deer season opens next week, so I suppose some bonehead tore down the signs so they can say it's not posted. I know all the little tricks people play around here.

There was one land owner that had someone trespass on their lot and cut brush. They must have visited their property after the fact and dug up the road entrances and put up signs. Within a month the signs were all torn down.

It's worst when you get a new crowd move into the neighborhood. They clean out the old sheds, back yards and basements of their new place and toss it out in your woods.

>:(

metalspinner · October 21, 2007, 01:58:36 PM

Put some tire spike strips in the entrance under some leaf litter. That will take care of it.

stonebroke · October 21, 2007, 04:35:56 PM

Take a ladder with you when you put up the new signs . If you put them 10 to 12 feet high they can't get to them and the visibility is better.

Stonebroke

dutchman · October 21, 2007, 05:26:42 PM

Been posting the property for 20 + years,signs are @ every 50 Feet.
The same lines are torn down every year, So they say didn't see
any.
It only gets better when you catch them on the property.

JD350Cmark · October 21, 2007, 06:15:56 PM

I'd take photos of your property where you have signs posted and consider having a report taken by law enforcement. I've been down this path and those two items helped. Get it on record that you are having continous problems.

rebocardo · October 21, 2007, 06:23:09 PM

Do you have any signs that say "Trespassers will be shot and eaten"?

SwampDonkey · October 21, 2007, 06:32:25 PM

I wish the moose could read, then I'd put them up to. :D :D :D

I don't have a lot of troubles, just a bad actor once in awhile under the influence of a mind altering substance. :

beenthere · October 21, 2007, 06:32:52 PM

rebo
The good-eatin type animals can't read. :

8)

stonebroke · October 21, 2007, 06:48:10 PM

In NY Posted signs have to be up on may 1st, They can tear them down on May 2nd and the property is still pos ted for that year.

Stonebroke

WDH · October 21, 2007, 06:59:10 PM

I had trespassers yesterday on ATV's in the young pine plantation. Said they were "lost".

Dave Shepard · October 21, 2007, 08:58:23 PM

How about a sign that says "Smile, you're on candid camera" at the bottom? Or a bear trap at each sign. :

J/K

Dave

sgtmaconga · October 21, 2007, 09:11:39 PM

On more than a few post i'll sit back and learn about the wood i love to work on. but this post falls into my living. as a police office for the last 20 years i have to say that several of these reply's are asking for the property owner to end up sued or in realy hot water.

i don't condone spikes or traps that can hurt some kid who is messing around just like we did when we were younger. I would suggest contacting your local law enfoercement or game warden. give them permission to catch your trespassers and you might find the answer to your problem. tell the warden that people are poaching on your land. tell the local officer that you think people are looking for a place to plant dope on your land. this will get them to watch for strange vehicles on your land.

WDH · October 21, 2007, 10:11:25 PM

Good advice, Richard.

Dave Shepard · October 21, 2007, 10:16:31 PM

sgt, in case you didn't know, J/K means just kidding. I wouldn't suggest hurting anyone, but I do sympathize with someone dealing with trespassers.

Dave

pineywoods · October 21, 2007, 10:41:14 PM

We have come up on a pretty effective solution to the tresspasser problem. We lease our 200 acres to 3 young neighbors. One is a deputy sheriff, the other two are big redneck bruisers that nobdy in their right mind would mess with. louisiana law allows a landowner to prosecute any body dumping trash or hunting without written permission on their person. :

Handy Andy · October 21, 2007, 10:53:27 PM

Here in Kansas, painting posts with purple is the same as putting up signs "no hunting without written permission". Do other states have this? Makes it easy to post your property, and the cops then will ticket trespassers. But only if you call.

scsmith42 · October 21, 2007, 11:20:27 PM

Another option is to put up a "wildlife camera" focused on the area where the signs are located. If the camera's record them in the act of destroying your property, you can send them to jail.

Tony · October 21, 2007, 11:40:33 PM

Quote from: scsmith42 on October 21, 2007, 11:20:27 PM
Another option is to put up a "wildlife camera" focused on the area where the signs are located. If the camera's record them in the act of destroying your property, you can send them to jail.

We did just that and they found the camera and destroyed it

Tony

metalspinner · October 21, 2007, 11:55:35 PM

Quotei don't condone spikes or traps that can hurt some kid who is messing around

Upon further review I would like to change my call of "tire spike strip" to "call your local police". ;) Thanks for setting me straight, SGT. A hot headed comment from a normally cool headed member. :-[

Warbird · October 22, 2007, 12:05:15 AM

Interesting comment on the property owner possibly being sued for putting down spike strips. I googled and found this:

Taken from: http://www.askthelawguy.info/ask2/2006.03.01_arch.html

Question:
I have a business ... which has a gate around almost all of it. On one end there is an opening that cars have been coming through, to spin donuts on our ball field in back. So I put up a barricade to try to stop this, and they just moved it, or found a way to drive around. So I put up no trespass signs, and put the barricade. But this time I put spike strips down to stop them before they started. A young guy came through the barricade in a big truck and run over the spikes and got four flat tires, and now wants to sue me for the tires. Should I pay him, or take him to court?

Answer:
Interesting question with no simple answer. While a property owner has the right to exclude others from his property and even use reasonable force to prevent someone from entering his property, in general you cannot set traps to catch trespassers. The court might find that the spike strips (with no warning that they were present) were a trap. That means you would be responsible for the damage to the tires. Think about it this way: a landowner might decide to put up an electrified fence to keep out trespassers, but if the fence was not marked with signs, the owner might be liable for injuries to someone touching the fence.

By trespassing the driver was also breaking the law. He could be prosecuted for trespassing and you could sue him in civil court. However in a lawsuit for trespass you would only be entitled to nominal damges ($1 or so) unless you could show actual injury to your property.

I think right is on your side, but the law favors the trespasser. So if I were the judge for your case I would rule that you had to pay for the damage to the tires, but unless the tires were brand new I would not hold you responsible for the full value of new tires. I would rule that the trespasser owed you $5 for trespassing and I would order him not to enter your property in the future.

Remember though small claims court is about "rough justice." There is very little argument about the fine points of law. A friend once told me that actual legal precedent carries about as much weight as a comic book in small claims court. If I were you I would wait and see if he goes to the trouble to sue you. Many people don't bother. If he does sue, counterclaim for trespass. Then offer to pay for repair of his tires or the cost of used tires.

Personally, I'd try to be there when the trespassers are, if at all possible. Visibly be carrying a firearm (only if you are trained, only if it is legal in your state, and only if you are prepared to use it in case someone gets really stupid). Inform them you are the property owner and you don't like trespassers. Let them know your old lady is in the truck, on the cell phone with the cops. Also let them know a picture of their license plate(s) has been taken.

Or, if they aren't damaging anything, just take sgtmaconga's advice and leave it be from there on. ;)

fat olde elf · October 22, 2007, 12:19:41 AM

Interesting comments !!!! Before I built on my 12 acres, I kept it posted. We had some vandalism during construction, Insurance covered that. Our blessing is the fact that we have 16 Charlotte/Mecklenburg police officers residing within a half mile of us. One officer "discovered" this little slice of heaven and his peers followed. They have no jurisdiction out here but I'm sure their presence helps.....They are all great neighbors and I am very grateful for them.

SwampDonkey · October 22, 2007, 06:22:45 AM

Trouble is the cops have more important things to look after. When you call, they are likely to come from 2 hours away. My ground is on the border with the US and I had one cop come walk my woodlot following my footpaths in January in the snow. I drove up there and seen the pickup and suspected it was cop and I met him up there walking about lost on my paths. Wanted to know who I was and what I was up to. Explained I was the owner and was wondering what he was up to. :

He said I shouldn't be up there alone, I could get injured and die. I said it's as good a place as any to die. He walked his way, I walked mine and never seen him again. I still don't know what he thought he was going to see and make trouble over. Some of those guys walk around with big heads thinking they are going to make the big career making bust. :

I'm around my lot often enough to keep tabs on things. The sign vandals are just some local jokers, who don't work and are bored and have an odd imagination about what is fun versus what is stupid. I half expect some day to see the place up in burning cinders. There are people that have nothing but a $200 pickup to their name, but likely not registered or insured and are jealous that anyone owns something the bank hasn't got their name on.