Trespassers

   / Trespassers #21  
My wife's family owns 70'ish acres a couple miles from here. Raw land, touches a 4 lane road on one side and lake on the other. It's long and skinny. Access to it is via a VERY steep, yet paved dead end road about 200' long. (just one of two road easements)

Maybe two years ago, (their father had passed and now looking at condition of land to maybe list/sell) we walked over there.

Long story short, found two tree stands. Finally decided to take them down. Went home to get some tools to assist. On returning back with some gloves & pliers, I came to the "road" that was very steep. I decided to back down to make leaving easier.

On preparing to back down, I saw a bunch of glitter ALL over the road. Looked like diamonds glistening in the sun.

(we've been here several times by now and never saw these BUT the sun was at the right angle to reflect)

Hard to think it was an accident but roofing nails were strewn ALL OVER the road in a very even pattern. I thought/hoped they had fallen out of someone's vehicle but they'd be in a pile. These were edge to edge and from the top of the hill to the bottom.

Given that I didn't witness the event I can't state factually how it happened, but easy to conclude it was intentional (and this was BEFORE I grabbed the offending stands, I think someone wanted to make others not want to park there, giving trespasser more privacy)

I had a 18" wide magnet on wheels so went back home, got it and picked them all up. Maybe 1 1/2 boxes worth.

Didn't feel so bad taking the stands down. Put them up for sale, nothing resonated with me as far as decent terms, so I just destroyed them and took to recycling center.
 
   / Trespassers #23  
I've mentioned before that when I had to deal with deer stands on our property, I'd take them down and leave a note in a zip lock bag on the tree that it could be picked up at the county sherif's office. Never had a complaint.

Now, I let the neighbor hunt it. He has a few stands on our place, and keeps an eye out for trespassers. win win.
 
   / Trespassers #24  
DaleAP said:
Wonder what happens if the trespasser accidentally stumbles into an old dug well on your property.
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In most states you do not owe a duty of care to a trespasser. Whatever happens to them is their problem. Someone you invite on to your property (friend, contractor etc) is a different story. You owe them a duty of care to make sure there are no hazards on your property, or that you warn them of the hazard.

Or did you mean "accidentally"?
 
   / Trespassers #26  
When I found a stand, I just cut the lock/cable and left it on the ground.
It's still there, so eventually I will scrap it, not an expensive one, so I won't ask any locals if they want it, they have nicer ones.
 
   / Trespassers #27  
TheMan419 said:
In most states you do not owe a duty of care to a trespasser. Whatever happens to them is their problem. Someone you invite on to your property (friend, contractor etc) is a different story. You owe them a duty of care to make sure there are no hazards on your property, or that you warn them of the hazard.

Or did you mean "accidentally"?
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Depending on the state law, one might have to post signs or paint to make sure that the trespass laws are in force.

Decades ago on TBN, one of the vocal TBNers talked of a case in SC where people rode onto someone else's land, a horse stumbled into a stump hole, which threw the rider who was injured. They sued the land owner.

Years ago when I looked into land owner liability, the NC extension office had a paper on the issue. Basically, posting the land minimizes land owner liability because a person would be trespassing and those committing an illegal act.

Later,
Dan
 
   / Trespassers #28  
dmccarty said:
Depending on the state law, one might have to post signs or paint to make sure that the trespass laws are in force.

Decades ago on TBN, one of the vocal TBNers talked of a case in SC where people rode onto someone else's land, a horse stumbled into a stump hole, which threw the rider who was injured. They sued the land owner.

Years ago when I looked into land owner liability, the NC extension office had a paper on the issue. Basically, posting the land minimizes land owner liability because a person would be trespassing and those committing an illegal act.

Later,
Dan
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You can sue anybody, if you find a lawyer who’s sleazy enough. The OP’s state has a law protecting the landowner from what you describe.

Maine takes it one step further. If you sue a landowner and lose, you can then be held liable for their costs; including but not limited to lawyer fees. That eliminates ambulance chasers who “don’t charge unless you win”.
Since the law was passed in 1979, there has never been a successful lawsuit against a landowner.
 
   / Trespassers #29  
Some land owners here have 4x8 pieces of plywood with verbage painted on it to call a local number if they wish to hunt. The local number is the non-emergency number to the 911 call center. It is answered with "Sheriffs Department, how may I help you".
When the people hang up without responding, the call can be traced to location.
Same as if you would call 911, then hang up.
 
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