Trespassing + theft issue

[chucko]

Cool so I can go pick as many oranges as I want? Wait I know where there is a garden also and a chicken farm or two...

 

[David P]

I dunno about you guys but since I first saw the pic I've been hoping that her left cheek was the recipient of a few thousand volts from the electric fence she was crawling under. I can't quite tell if she was touching it in the pic or not. But one can always hope. :laughing:

After her first visit to the orchard I added a No Trespassing sign at the only entrance to the orchard. The entrance is about 10 feet wide and they would have walked right past it.

The camera is no longer in that location. I've picked up a couple more cameras but they are trained on deer trails right now. Next summer I will move a couple of them to the orchard.

 

[beppington]

Cool so I can go pick as many oranges as I want? Wait I know where there is a garden also and a chicken farm or two...

I hereby give you permission to pick all the oranges you want at my place. Take all the chickens, too :laughing:

 

[dodge man]

I know state laws are different, but in Illinois, you can't go on private property without permission. There is a reason they call it "private property".

 

[Western]

I didn't go back and re-read the 1st few pages (been awhile), but didn't the OP's wife have a conversation early on with the "criminals"?

David, your a patient man Brother! ,but prudent.

 

[jonyyuma]

Well, we have Posting purple paint and signs on the fence. Crawling under the fence counts too?Blueberrys self-picked go from $11.00 to 16.00 a gallon...

 

[jonyyuma]

i wish I knew what was blacking out the center pictures in your group. It has only a laughing smily face? Must have come from one of the click on's here at this forum?

 

[Robert_in_NY]

"Come on everyone knows" isn't good enough, chucko, at least according to law here in our home state of FL anyway.

FL's fencing laws basically allow citizens to go anywhere unless it's properly fenced & posted. In other words, in FL everywhere is free & open to the public unless it's stated otherwise, & correctly stated otherwise at that (proper terminology on signs that are posted at proper intervals, correctly sized font, etc.).

What you're implying is that everywhere is not free & open unless it says 'open to the public'.

Even as a 60-acre rural land owner who has had trespassers, I think FL law has it right. I think it's reasonable to have established that we live in a generally free country & therefore to put the onus on the private land owner to properly notify folks that the land is private & not to be trespassed upon. The alternate to that seems more like a police state: You can't go anywhere unless it says you can.

NY is the same way and I don't like it. Ohio has it right, you need written permission to be on private land. If your caught without written permission from the land owner your guilty instantly and ticketed. I wish NY was the same way. Here you have to spend lots of time and energy if you want to actually have private land. You need to properly post your boundry which entails making sure the signs are put in a visible area. We also need to have an 11x11" sign and we need to put our name and address on it each year for it to be legal. If you have a sign too far apart or don't mark one boundry then people can tresspass and all you can do is have them tossed off if caught.

Were at around 300 acres on multiple parcels/farms. If I want to legally be able to keep people from tresspassing and driving all over my ground I need to waste my time and money to physically post the land I pay taxes on. I know we buy a roll of 100 tyvek posted signs every year to update our signs. The ones that catch the sun need replaced, in the woods only need to be replaced every 2-3 years. But each sign is on a 12x12 plywood backer anchored to a tree, post or utilty pole. Each sign has all the brush and limbs trimmed away from them so they stay visible. Its just stupid I have to put as much time and work into this just to be able to enjoy my land however I see fit without having uninvited strangers messing around or disturbing me when I am trying to enjoy what I have worked hard for.

 

[DNC]

How about "If it's not yours, leave it alone."

 

[Jim Shooz]

I hereby give you permission to pick all the oranges you want at my place. Take all the chickens, too :laughing:

My neighbour has said that to me and I help myself from time to time. But every now-n-gain he turns on the electric fence he has running along the top railing that I have to lean over to get the oranges. When he catches me out I tell him something about his parentage. and threaten to remove him from my Christmas card list.

 

[s219]

I think you need to create a motion-activated high-flow-rate irrigation system with fire-hose sprinkler heads. Sure would be great if those folks got hosed down by a few hundred gallons of water.

 

[Sasquatch4100]

Maybe I missed it, but what cameras did you use? The pics are awesome. Hopefully I can catch my neighbors D bag kid trying to use our drive.

Also any updates? A small claims suit and a trespassing suit might be best. You can sue them for your time and loss of property and hopefully get the cops to charge them with trespassing. Sometimes I wish we were further out in the sticks and not so near people.

 

[David P]

Maybe I missed it, but what cameras did you use? The pics are awesome. Hopefully I can catch my neighbors D bag kid trying to use our drive.

Also any updates? A small claims suit and a trespassing suit might be best. You can sue them for your time and loss of property and hopefully get the cops to charge them with trespassing. Sometimes I wish we were further out in the sticks and not so near people.

The camera is a Bushnell Trophy Cam. I bought it because it has both a normal trail camera which is triggered by motion but also a plot-watcher feature. I had the camera set up to take pictures at certain intervals throughout the day (1minute or 5 minute, for example). This feature was very useful as I would get pictures of things taken in plot-watcher mode that never would have triggered the camera otherwise. For example, I got a pic of someone riding a four-wheeler from at least 200 yards away. However, if there was motion in front of the camera, it would take a picture even if at an unscheduled time. My Moultrie M-80 cameras won't do that. They will take plot photos during the day and motion activated photos at night. Here's a link to the camera I purchased: Gander Mountainｮ > Bushnell Trophy Cam 119466CG Bone Collector Trail Camera BW Text LCD Camo - Hunting > Wildlife Management > Game Cameras :


I posted an update recently; it may be back 3 pages or so now.

I'm not sure if I am able to take them to court for trespassing or not. In fact, the Prosecutor's office will only prosecute for trespassing if there has been a verbal warning given (and I believe that needs to be handled by police). A sign, is inadequate, even though not required according to MI law.

 

[Sasquatch4100]

Man! You'd think with photographic evidence the police and prosecutors would be all over this like flies on sh**. Guess it's too small beans for them.

That's a super nice camera. My dad bought one and wasn't happy with the quality. He told me if I wanted one I should go with a nice one like you have. I might have to pony up for one of those.

 

[David P]

Man! You'd think with photographic evidence the police and prosecutors would be all over this like flies on sh**. Guess it's too small beans for them.

That's a super nice camera. My dad bought one and wasn't happy with the quality. He told me if I wanted one I should go with a nice one like you have. I might have to pony up for one of those.

I've had much better luck with the Trophy Cam than I have with 2 Moultrie M-80s and 2 Wildgame Innovation IR4c (I think that's the model). It cost a LOT more but it just plain works. The picture quality is great.

I use the Wildgame Innovation external battery packs ($50) with all my cameras. There were times over the summer when I picked up the Trophy cam and it had over 5000 photos on it. I probably got 20,000 pictures without a recharge. The winter will be the real test.

 

[edlegault]

Small claims court. Even if the amount you sue for is a few dollars. The satisfaction of getting them into court would be priceless. The embarrassment to them would be worth it. If they don't show up you win by default and can then you can usually have the local sheriff serve them (cost you a few dollars, but worth it) for the money or seize some personal property to sell to satisfy your judgement. :thumbsup:

 

[forgeblast]

will only prosecute for trespassing if there has been a verbal warning given (and I believe that needs to be handled by police).

I would ask them(the police) to give them a verbal warning, and to make sure they roll up with lights flashing. The police should also show them the pictures you took, right after they (the police) leave you can serve them the papers for small claims court.

 

[Combustix]

Good pics you would think this would be a slam dunk. Good luck

 

[thatguy]

Small claims court. Even if the amount you sue for is a few dollars. The satisfaction of getting them into court would be priceless. The embarrassment to them would be worth it. If they don't show up you win by default and can then you can usually have the local sheriff serve them (cost you a few dollars, but worth it) for the money or seize some personal property to sell to satisfy your judgement. :thumbsup:

I agree with the above.... I would not let it drop - wrong is wrong...

at least you can get the satisfaction of having your day in court..

b

 

[dmccarty]

Nice pictures.

IIRC, his state has a law for higher trespassing charges against those who trespass in posted food growing fields (it specifically mentions blueberries)

Aaron Z

Yes, but the DA's problem was how to value the blueberries. Why the DA is concerned with value I can guess but it would seem they could get them on the trespass charge.

While he has a fence is that enough to post the land? Or are there legal posted signs outside of the photos?

In NC to legally post land you need a sign that is 120 inches square with certain text and contact information of the land owner or the person controlling access. Signs have to be at the corners and every 600 feet if I remember right. 12/1/2011 the law was changed so that a purple paint stripe a couple of feet off the ground is now allowed. I have already used up a couple cans of spray paint.

In NC I know a fence around a house can work for trespassing but I do not know about a fenced in field.

On EDIT: Just saw that the DA will not charge for trespass unless the person is warned by a LEO. That works in the city but not in the country.

Later,
Dan