How do you keep trespassers off of your property??

ScottAR · Aug 27, 2005

I've rethought my berm/ditch depending if you want to "catch" them or not.

To simply deter them, the original idea works ok.

To catch them, pile the dirt on the property line side. They go over the berm if they make it and immediately fall into the ditch. A heavy gate put immediately beyond the ditch and they can't get out . Hooking on the rear bumper just lifts the pulling vehicle off the ground. Course, they might winch on the gate. Just a thought.

JimR · Aug 27, 2005

Are firecrackers legal out in IL? If so, blow off a bunch of them everytime you see a hunter or hear them shooting too close to your house. Or build a range out back and let loose with a 20 round clip of 308 when they are near. Out here in my big back yard everyone hunts and we all get along just fine. We've never had a problem with hunters. The only problem is the stupid horseback riders that go out while we are hunting. There have been a few thrown riders when the shooting starts. I think they finally learned when to ride and when not to ride.

Pilot · Aug 27, 2005

Dargo & others,

You must deal with this, because in most states, if you allow people to use land openly on an extended and regular basis, they acquire the right to continue to use the land, thru what's called "adverse possession", if I remember correctly. So if people regularly drive across your land as a shortcut and you take no action to stop them, it will eventually become in essence a public road, but you are stuck with maintaining it. If you allow anyone to hunt or fish, they will eventually get the right to continue to hunt or fish. If they squat on the place and you don't stop them, they wil get the right to live there. I believe adverse possession comes into effect after 7 or 10 years, but it will vary by state.

Also, if you allow others to use your property and they hurt themselves because you didn't maintain a trail, you might be liable.

I like the idea of cameras--catch the sob's and prosecute them legally if you can. You might talk to a lawyer or the DA to find out what other evidence you mgiht need. They have shown themselves to disregard the law and your rights by stealing your signs and trespassing; it's time for the law to earn some respect.

OTH, concertina wire strung along the property line might help. It's really nasty to get rid of. And they won't steal your signs when they are placed in the middle of the coil.

If you use gates, be sure to put concrete inside the posts and the gate itself. SOB's have been known to bring a cutting torch to break thru Forest Service gates. They take chain saws to wooden gates, so split the boards they might cut and run a steel wire down the middle--it ruins their chains. Or wrap the wood with barb wire.

Junkman · Aug 27, 2005

( Dargo & others,

You must deal with this, because in most states, if you allow people to use land openly on an extended and regular basis, they acquire the right to continue to use the land, thru what's called "adverse possession", if I remember correctly. So if people regularly drive across your land as a shortcut and you take no action to stop them, it will eventually become in essence a public road, but you are stuck with maintaining it. If you allow anyone to hunt or fish, they will eventually get the right to continue to hunt or fish. If they squat on the place and you don't stop them, they will get the right to live there. I believe adverse possession comes into effect after 7 or 10 years, but it will vary by state. )

You almost have this correct. If you attempt to stop them and they continue to do so against your wishes, then they might be able to get an adverse possession claim going, but it is difficult to say the least. If you allow them to use the land, then it would be with permission, and there is nothing adverse about it.
I have a situation with an adjacent land owner that was finally resolved before a judge. After the court gave their seal of approval to the settlement, and the boundary line was drawn, with provisions in the court approved settlement, that neither party would trespass on the others land, the adjoining land owner has thumbed there nose at the agreement. They continue to trespass, and after discussion with the original attorney and another that specialized in real estate, they have both told me that I would have to start off at peg one and go through the entire court procedure all over again. The least expensive situation is to file a legal document every 15 years that will prevent them from ever getting adverse possession of the land. Stopping the trespass is next to impossible in CT. The police consider trespass a civil matter and will not get involved.

hitekcountry · Aug 27, 2005

Adverse possession is more a matter between adjacent neighbors attempting to move property lines and would be granted to an individual. I believe what comes into play in this situation is what is called “Prescriptive rights”. Prescriptive rights refer to public rights that are acquired over private lands through use. It is a right granted to the public not an individual and is a right of access acquired through use without explicit consent of the owner Also can be called “Public prescriptive easement”.

California Law
Basic criteria to determining a public prescriptive right include that the land has been used:

1 For the prescriptive period of five years as if it were public land.
2 Without asking or receiving permission of the owner.
3 With the actual or presumed knowledge of the owner.
4 Without significant objection of bona fide attempts by the owner to prevent or halt such use.

Fred

JimR · Aug 28, 2005

( ( Dargo & others,

I have a situation with an adjacent land owner that was finally resolved before a judge. After the court gave their seal of approval to the settlement, and the boundary line was drawn, with provisions in the court approved settlement, that neither party would trespass on the others land, the adjoining land owner has thumbed there nose at the agreement. They continue to trespass, and after discussion with the original attorney and another that specialized in real estate, they have both told me that I would have to start off at peg one and go through the entire court procedure all over again. )

I'd fence off the property and post it Junkman. Let him try to do something about it.

Junkman · Aug 28, 2005

I would do that in a heart beat, but they pulled the surveying stakes out of the ground, so I would need to get the surveyor back. Once I fenced it, they would just tear down the fence and deny doing it. Problem is that if you can't watch something 24/7, it is hard to prove who did the damage.

DannyD · Aug 28, 2005

Sounds like great neighbors.........get the govt to condemn the house, take it for commercial, better use, then sell it to you for a museum of old corvairs...........

Seriously, why would you have to go thru all the bs again, you have a court ruling, signed sealed and delivered.......make them enforce it, and replace the stakes so you can buid a fence they can not tear down. Sounds like the attorney wants to fee you to death

JimR · Aug 28, 2005

( I would do that in a heart beat, but they pulled the surveying stakes out of the ground, so I would need to get the surveyor back. Once I fenced it, they would just tear down the fence and deny doing it. Problem is that if you can't watch something 24/7, it is hard to prove who did the damage. )

Ok, then put a fence up at least 20-30 feet on their property. Make them prove it's not on yours. As for tearing down the fence. I'd make a firing range right aside of the fenceline.

Junkman · Aug 28, 2005

The disputed land is a dirt driveway. We agreed to split the property line down the middle of the dirt driveway. Neither of us gave the other a easement or the right to use the others half of the land. They denied me access on their half when I had my land logged, so I told them that they couldn't use my half. They have disregarded my wishes and continue to violate the agreement that says that they won't trespass on my land. We both signed quit claim deeds to each other when the boundary line was drawn up. Agreements are only as good as the people that sign them. When the people have no integrity, then their signatures are worthless......