My wife and I recently purchased a 48 acre property. During our first walk in the woods we found a tree stand on our land. We immediately wrapped the stand in yellow crime scene tape and left a not to remove said stand. We have signage on the property and plan on posting more. As another poster stated, if you have a 'hazard' on your property that you don't mark, then perhaps there is some liability; but if you post signs and the fact that people are supposed to know right from wrong, I hardly think you would be held liable for someone incurring an injury on your property when they were there uninvited. Are my wife and I supposed to police 48 acres 24/7.... day in and day out! We don't give people permission to hunt our land due to possible liability issues though we are constantly asked by co-workers and good friends, our standard canned answer is plain and simply no.
No Trespassing...
- Thread starter HiTechTed
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I did find some information on top of what I received here. I would like a game camera, not only to see who's out there but to see WHAT is out there! I see deer tracks all the time, and I know there are coyotes out there, with a mix of other wildlife. Problem with the camera is that somebody would probably find it and steal it, too.
As for the signs, I will try to hang them a little higher than reach but keep them clearly visible. At least if they are harder to reach it might help a little bit.
As for the signs, I will try to hang them a little higher than reach but keep them clearly visible. At least if they are harder to reach it might help a little bit.
beppington
Elite Member
(This thread prob fits better in "Rural Living", not that it matters much)
I didn't see where OP said what state he's in, but hopefully he/ you can find something like this for your state, but here's ours for FL:
588.09 Legally enclosed land; fenced and posted.
(1) Land shall be legally enclosed land, or posted land, when enclosed by a legal fence, and when there shall be placed along the boundary of said land in the manner herein provided posted notices to the public; provided that it shall not be necessary to erect any fence along any portion of the boundaries of the land formed by any ocean, gulf, bay, river, creek, or lake.
(2) The fences, enclosures, and the posted notices, when erected, placed, and maintained as herein required shall be notice to the public that the land enclosed thereby is private property upon which unauthorized entry for any purpose is prohibited and shall constitute a warning to unauthorized persons to remain off of or to depart from said land.
588.10 Posted notices; requirement.
Posted notices to the public as required by s. 588.09 shall be signs upon which there shall appear prominently, in letters of not less than 2 inches in height, the word "posted", and in addition thereto there shall appear the name of the owner, lessee, or occupant of said land. Said posted notices shall be placed along, on, or close within the boundaries of any legally enclosed or posted land in a manner and in such position as to be clearly noticeable from the outside of the enclosure, and said notices shall be placed not farther than 500 feet apart along, and at each corner, of the boundaries of the land, and also at each gateway or opening of the fence enclosing the same. Said notices shall be placed along all boundaries formed by the waters mentioned herein on trees or posts close to the banks of said waters in position so as they may be noticeable to persons approaching the boundary formed by said waters.
FE111/FE111: Handbook of Florida Fence and Property Law: Visitors and Responsibilities to Visitors <-- There are some very interesting examples here
What notice must be provided to a trespasser?
As previously mentioned, under Florida Statutes section 588.10, a property owner must provide proper notice to all parties that may enter the property. All gates, fence corners, and all boundaries that lay along waterways must have posted notices of proper size and composition. The postings can be no more than 500 feet apart. If no notice of trespassing is posted on a piece of property and the party cannot know who owns the land, the party may not be able to be assumed to be a trespasser. This may change the party's status in liability for damages for harm that may befall that individual. Certain facilities require different wording in the posted notices, and a different penalty for the person caught trespassing.
To what extent am I, the property owner, responsible for trespassers?
The property owner's duty to such persons is to not intentionally injure the trespasser. However, if the property owner knows or has reason to know of trespassers on the land, the property owner must warn the trespasser of dangerous conditions that are not open or obvious to the trespasser (Dyals v. Hodges, 659 So.2d 482 [Fla. 1st DCA 1995]; 41 Florida Jurisprudence 2d Premises Liability section 61). Although there are few cases dealing with liability for the conduct of trespassers and others acting without the possessor's knowledge or consent, it is clear that there is no liability until the possessor knows or should know of the likelihood of trespassers and has had a reasonable opportunity to exercise the proper care to prevent injury to others (Fisel v. Wynns, 650 So.2d 46 at 49 [Fla. 1994]).
For example, if P sneaks into the property owner's pool without the property owner's knowledge and then drowns, the property owner is not liable because the owner is only responsible for not intentionally harming the trespasser (Pedone v. Fontainebleau Corp., 322 So.2d 79 [Fla. 1975]).
As stated in the above paragraph, the property owner does have the responsibility of warning the trespasser of known dangers not ordinarily visible if the owner knows or has reason to know that the trespasser is present on his property. This area has been the subject of much controversy and many court cases.
... and more ...
I didn't see where OP said what state he's in, but hopefully he/ you can find something like this for your state, but here's ours for FL:
588.09 Legally enclosed land; fenced and posted.
(1) Land shall be legally enclosed land, or posted land, when enclosed by a legal fence, and when there shall be placed along the boundary of said land in the manner herein provided posted notices to the public; provided that it shall not be necessary to erect any fence along any portion of the boundaries of the land formed by any ocean, gulf, bay, river, creek, or lake.
(2) The fences, enclosures, and the posted notices, when erected, placed, and maintained as herein required shall be notice to the public that the land enclosed thereby is private property upon which unauthorized entry for any purpose is prohibited and shall constitute a warning to unauthorized persons to remain off of or to depart from said land.
588.10 Posted notices; requirement.
Posted notices to the public as required by s. 588.09 shall be signs upon which there shall appear prominently, in letters of not less than 2 inches in height, the word "posted", and in addition thereto there shall appear the name of the owner, lessee, or occupant of said land. Said posted notices shall be placed along, on, or close within the boundaries of any legally enclosed or posted land in a manner and in such position as to be clearly noticeable from the outside of the enclosure, and said notices shall be placed not farther than 500 feet apart along, and at each corner, of the boundaries of the land, and also at each gateway or opening of the fence enclosing the same. Said notices shall be placed along all boundaries formed by the waters mentioned herein on trees or posts close to the banks of said waters in position so as they may be noticeable to persons approaching the boundary formed by said waters.
FE111/FE111: Handbook of Florida Fence and Property Law: Visitors and Responsibilities to Visitors <-- There are some very interesting examples here
What notice must be provided to a trespasser?
As previously mentioned, under Florida Statutes section 588.10, a property owner must provide proper notice to all parties that may enter the property. All gates, fence corners, and all boundaries that lay along waterways must have posted notices of proper size and composition. The postings can be no more than 500 feet apart. If no notice of trespassing is posted on a piece of property and the party cannot know who owns the land, the party may not be able to be assumed to be a trespasser. This may change the party's status in liability for damages for harm that may befall that individual. Certain facilities require different wording in the posted notices, and a different penalty for the person caught trespassing.
To what extent am I, the property owner, responsible for trespassers?
The property owner's duty to such persons is to not intentionally injure the trespasser. However, if the property owner knows or has reason to know of trespassers on the land, the property owner must warn the trespasser of dangerous conditions that are not open or obvious to the trespasser (Dyals v. Hodges, 659 So.2d 482 [Fla. 1st DCA 1995]; 41 Florida Jurisprudence 2d Premises Liability section 61). Although there are few cases dealing with liability for the conduct of trespassers and others acting without the possessor's knowledge or consent, it is clear that there is no liability until the possessor knows or should know of the likelihood of trespassers and has had a reasonable opportunity to exercise the proper care to prevent injury to others (Fisel v. Wynns, 650 So.2d 46 at 49 [Fla. 1994]).
For example, if P sneaks into the property owner's pool without the property owner's knowledge and then drowns, the property owner is not liable because the owner is only responsible for not intentionally harming the trespasser (Pedone v. Fontainebleau Corp., 322 So.2d 79 [Fla. 1975]).
As stated in the above paragraph, the property owner does have the responsibility of warning the trespasser of known dangers not ordinarily visible if the owner knows or has reason to know that the trespasser is present on his property. This area has been the subject of much controversy and many court cases.
... and more ...
jdonovan
Gold Member
You can get brackets to pad lock them to the tree. It will discourage casual theft, but NOTHING will stop a determined thief.
You have GOT to know your law. If you'd been in VA, you could have spent $100's of dollars on signs, and all your time, and at the end of the day it all would have been for naught. in Virginia. Our law states the signs must be between 3' and 6' above ground.... outside this height range and they don't exist (legally speaking).
Heck your state might even have a requirement that you post signs about cameras/recording, or YOU could be the law breaker when you turn your pic/video over to the local PD for help in catching the vandal/thief.
brin
Super Member
Ted, you are right about the camera...I tried that ..these cameras all have a flash and the person trespassing sees the flash and either steals the camera or destroys it..I tried putting tape over the flash to just get a picture in the day light hours..the flash still flashes through even black tape...
ToadHill
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In New York the law is such that if someone uses your land even if it's not posted their ability to sue you is limited. It was enacted to enable landowners to let people use their property without fear of lawsuits. If, however you charge for the use of your property then all bets are off and you'd better have liability insurance.
Posting only means that anyone who enters your property without your permission can be arrested. If you have success getting the local law to arrest them or not is another matter, usually the law will issue a warning the first time.
Posting only means that anyone who enters your property without your permission can be arrested. If you have success getting the local law to arrest them or not is another matter, usually the law will issue a warning the first time.
I've found the plastic washer deteriorates in the sun and falls off in a year or two. I save beer bottle caps to drive the nail through:licking:
I have two trail cams with an "invisible" IR flash. Wouldn't buy one with a visible flash unless I knew it would only ever catch GAME..rather than thieving trespassrs.
ultrarunner
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I know that would never fly, no sense of humor in my area... probably get several news media out just to take pictures...
beppington
Elite Member
"But, HONEY, you DO want to be protected from TRESPASSERS, don't you??? Then I MUST drink beer in order to get bottle caps to hold up the 'no trespassing' signs."
... or for women more afraid of litigation than trespassers, "But, HONEY, you don't want us to get SUED, do you??? Then I MUST drink many beers in order to get bottle caps to hold up the 'no trespassing' signs."
