Robert_in_NY
Super Member
- Joined
- Aug 1, 2001
- Messages
- 8,552
- Location
- Silver Creek, NY
- Tractor
- Case-IH Farmall 45A, Kubota M8540 Narrow, New Holland TN 65, Bobcat 331, Ford 1920, 1952 John Deere M, Allis Chalmers B, Bombardier Traxter XT, Massey Harris 81RC and a John Deere 3300 combine, Cub Cadet GT1554
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.
Here it is best to have the DEC officers take care of trespassing issues. Any time we have a question or complaint we call one of the game wardens. This is their field and they actually care about these types of violations.
In New York you have to have your land legally posted (there is stipulations for sign size, placement and legally signed). If your legally posted and actually catch someone on your land you can have them arrested. However, if you don't have it legally posted or posted at all but catch someone on your land you don't want there you can toss them off, file it with the game warden and have the warden warn the trespasser and if you catch them again then you can prosecute.
Its very diffucult to actually catch someone trespassing and you can go crazy if you have very much land trying to keep everyone off of it. We only really worry about our base farm where our animals are and where we spend a lot of time at. The rest of our farms and parcels we don't care so much about as its just too much work and headaches to try and patrol and enforce no trespassing on them. If we notice a problem we deal with it but other then that we just try to enjoy life.
We do post one parcel but we only provide the signs and we let our friend who has hunted that land for long before we have owned it take care of it. He puts our signs up, hunts the land and keeps an eye out for trespassers and other problems. He lives right there so it works out well for us as he is the only one who is allowed to hunt there and is a good friend so he treats the land as if it was his and takes good care of it.
The one thing that really bothers me more then people walking across our ground is the people who think its ok to drive across our ground. I get tired of having to fix ruts from stupid people who don't respect other peoples property and drive across wet, soft ground. I have caught one guy but it was on our farm we don't post so all I could do was toss him off and he has never been back. He would drive across and around all my fields and park on the back side of the vineyard there right next to the woods so he didn't have to walk very far. When I told him to never drive on my land again he said "ok, I just have to one more time to get my tree stand". To which I replied "no, you can walk to your tree stand and carry it". I loved it, you tell them no, you cant do this and they tell you they will do it once more anyway. But that guy is a poacher and he knows were good friends with a couple of the game wardens so he decided against pushing it.
Good luck and try not to get too worried with everything as its so very hard to monitor your property 24/7 but very easy to go crazy trying.