Why people tresspass

[MarkV]

Good story Tractorshopper and you are right. It is easy for us to vent our frustrations without looking at the individual situation. I have had to ask some honest hunters to leave my property, they had permission to hunt an adjoining property and didn't know the lines well. They were polite and so was I. Honest mistake in my book. It is the other group that most of us here are venting about. Which is a shame because they are the ones that make me less likely to let anyone come on the the property.

MarkV

 

[funwithahoe]

Question: If you give somebody permission to be on your land, does that increase your liability, versus if they're trespassing on it?

I'm pretty sure people trespass sometimes on the 60AC I bought a few months ago. I don't mind (yet, since I don't live there yet) but I'd hesitate to actually tell them to go ahead. I might say the word "No" while nudging my head toward it like "go ahead".

What do ya'll think?

Tell 'em to stay off. - Life is way easier. Oh by the way - My uncle was shot with a 30-30 in buck season on my father's (at the time) unposted land. It would be great if people were respectful but they aren't. It's not you're fault that they aren't but the responsible people of the world will always have to solve and deal with the problems of the irresponsible. I have a super nice neighbor who just had to stop down to "appologize" for some people he let hunt who had wondered over to me. He is a super guy but now has to go clean up messes people made for him. If I didn't understand the situation, it would be easy to be upset with him - I am sure that's what he expected when he came to see me. Save yourself the frustration and potential shootings and be firm!

 

[dmccarty]

Question: If you give somebody permission to be on your land, does that increase your liability, versus if they're trespassing on it?

It is going to depend on the laws of your state....

The NC Extension office has a page/doc regarding land owner liability. Bottom line in NC is that a properly posted property makes it very hard for a trespasser to have a case against the landowner. If the trespasser falls in a stump hole and sues they have to get past the fact they were breaking the law when they got hurt.

This wont provide 100% protection from getting sued but it will make it very hard for them to win.

I post the land. I check the boundries a couple of times a year. I post per the law regarding the size of the signs and how far apart they can be. We carry insurance. I chase anyone off the I know about. No exceptions.

In the past people to our front have wanted to walk our road for exercise. The answer is no. One, want our privacy. Two we do not want the liability. If that sounds harsh we just had two small trees come down in a wind storm. We had not noticed them. If someone had been on the property with our permission and been hit........

Later,
Dan

 

[dave1949]

Question: If you give somebody permission to be on your land, does that increase your liability, versus if they're trespassing on it?

That varies by state, you really need to knw your state's laws.

A few states, such as Maine, have very good landowner liability laws. Basically, if the access is free of charge or other consideration, you have no liability. Doesn't mean you cannot be sued, no landowner has ever lost such a case though in Maine is the belief.

Once you get into 'fee for access' situations, then it's a whole different ball game.
Dave.

 

[MarkV]

Dave and others are right it does depend on you state. Then even if you think you understand the rules you still run the risk of being sued. Don't stay up at night about it. We bought some peace of mind by adding an umbrella liability policy to our insurance. I think 2m cost us less than $200 per year and covers several properties we have.

MarkV

 

[/pine]

if you want definitive answers...check with a local attorney that is familiar with writing hunting leases...

 

[bcp]

Interesting sign:

DANGER (OSHA): ODE-8432 - RIFLE RANGE IMPACT AREA NO TRESPASSING-Safety Signs Labels-ComplianceSigns.com

Bruce

 

[funwithahoe]

It is going to depend on the laws of your state....

The NC Extension office has a page/doc regarding land owner liability. Bottom line in NC is that a properly posted property makes it very hard for a trespasser to have a case against the landowner. If the trespasser falls in a stump hole and sues they have to get past the fact they were breaking the law when they got hurt.

This wont provide 100% protection from getting sued but it will make it very hard for them to win.

I post the land. I check the boundries a couple of times a year. I post per the law regarding the size of the signs and how far apart they can be. We carry insurance. I chase anyone off the I know about. No exceptions.

In the past people to our front have wanted to walk our road for exercise. The answer is no. One, want our privacy. Two we do not want the liability. If that sounds harsh we just had two small trees come down in a wind storm. We had not noticed them. If someone had been on the property with our permission and been hit........

Later,
Dan

Who care's about them - I agree with this poster!!!?? Just in case - Kick them off - What is the benefit to you to allow them to hunt there? How does that benefit you????

 

[incubus2432]

About 10 years ago when I lived in the city I came home from dinner with my wife and found an unfamiliar car parked in my driveway. At that time of year there was a street festival nearby and it wasn't uncommon to have cars parked on both sides of the street (illegally) or to have the driveway blocked partially. I usually just dealt with the inconvenience every year but to have someone actually park in my driveway was a bit much.

So my wife went in the house and I proceeded to get my tools from the garage and removed the wheels from the car. I was careful to not damage the wheels and the car was placed gently on blocks. I was simply going to leave the wheels stacked in front of the car with the lugnuts in neat piles of five. Just sending a message (what type of message and what I hoped to accomplish I have no idea.......just spite I suppose).

Just as I put my jack and pneumatic ratchet away and am going into the house I hear someone yelling from the end of my driveway......it's one of my best friends (and his wife) who had decided to park his new car in my driveway to go to the festival. Good times, good times.......:thumbsup:

 

[MarkV]

About 10 years ago when I lived in the city I came home from dinner with my wife and found an unfamiliar car parked in my driveway. At that time of year there was a street festival nearby and it wasn't uncommon to have cars parked on both sides of the street (illegally) or to have the driveway blocked partially. I usually just dealt with the inconvenience every year but to have someone actually park in my driveway was a bit much.

So my wife went in the house and I proceeded to get my tools from the garage and removed the wheels from the car. I was careful to not damage the wheels and the car was placed gently on blocks. I was simply going to leave the wheels stacked in front of the car with the lugnuts in neat piles of five. Just sending a message (what type of message and what I hoped to accomplish I have no idea.......just spite I suppose).

Just as I put my jack and pneumatic ratchet away and am going into the house I hear someone yelling from the end of my driveway......it's one of my best friends (and his wife) who had decided to park his new car in my driveway to go to the festival. Good times, good times.......:thumbsup:

That's too funny to make up. :thumbsup::thumbsup::thumbsup:

MarkV