ratter
Silver Member
Wow. Threads like this really make me appreciate my neighbors.
How do you keep trespassers off of your property??
- Thread starter Dargo
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You're a much more patient man than I......
I would begin hunting back there myself and if I accidently fired a shot over their heads at a deer, possibly a moving deer, at which I might have hit the tree next to them.......Anyhow, it could easily get ugly...
Again, I recomend the law, but you gota do what you gota do for your families protection.. After all, isnt that part of why you have such a large piece of land? to be able to control your neighborhood for you families safty in a dangerous world.....
I would begin hunting back there myself and if I accidently fired a shot over their heads at a deer, possibly a moving deer, at which I might have hit the tree next to them.......Anyhow, it could easily get ugly...
Again, I recomend the law, but you gota do what you gota do for your families protection.. After all, isnt that part of why you have such a large piece of land? to be able to control your neighborhood for you families safty in a dangerous world.....
BubbaJr
Platinum Member
<font color="blue"> I would begin hunting back there myself and if I accidently fired a shot over their heads at a deer, possibly a moving deer, at which I might have hit the tree next to them.......Anyhow, it could easily get ugly...
</font>
I don't care how good of a shot you are, there are plenty of variables that can change the trajectory of a bullet. If you would strike another person, and it can be proven that the bullet came from your gun, guess what.........you might be the bunk mate of a 300 pound gorilla for a very long time. /forums/images/graemlins/shocked.gif
I don't know what the laws are in other states, but in Ohio you can only use deadly force to protect yourself or another person from immediate life threatening situations. That does not include protection of your property. I think the laws favor the criminal a lot more than the victim's, and it outrages me as much as anyone else, but I still wouldn't want to deal with a 300 pound gorilla's daily <font color="red">desires </font> because a judge or jury thought I was in the wrong.
I vote for large logs, then the tank trap, and then the boulders, one behind the other and paint all the logs and boulders bright flourescent orange.
Then share the pictures of the fools that tried to cross the barrier. /forums/images/graemlins/grin.gif
</font>
I don't care how good of a shot you are, there are plenty of variables that can change the trajectory of a bullet. If you would strike another person, and it can be proven that the bullet came from your gun, guess what.........you might be the bunk mate of a 300 pound gorilla for a very long time. /forums/images/graemlins/shocked.gif
I don't know what the laws are in other states, but in Ohio you can only use deadly force to protect yourself or another person from immediate life threatening situations. That does not include protection of your property. I think the laws favor the criminal a lot more than the victim's, and it outrages me as much as anyone else, but I still wouldn't want to deal with a 300 pound gorilla's daily <font color="red">desires </font> because a judge or jury thought I was in the wrong.
I vote for large logs, then the tank trap, and then the boulders, one behind the other and paint all the logs and boulders bright flourescent orange.
Then share the pictures of the fools that tried to cross the barrier. /forums/images/graemlins/grin.gif
Larstan
Silver Member
We sure have alot of creative talent here /forums/images/graemlins/grin.gif Dargo, I say you go with the burm and the gate. Save yourself any liability hassles. You should give our resident gate master a call 'wroughtn Harv' if anyone can come up with a critter proof gate its got to be him /forums/images/graemlins/cool.gif Good Luck.....
I agree Bubba, I was just making the speculation of my frustration level if I were in his shoes. I believe you are right about the leagal ramifications. In todays society, you would surely not win, there are too many folks out there who would love to gang up on a hunter in general, not to mention one that shot someone......I would most likely go with the ditch and gate as well, or the ditch with some transplanted trees. Just got another idea, how does bamboo grow in that area of the country? I know in the south, it grows really fast and thick, you could plant it close and throw in some briar and poison ivy patches for good measures.
I do admire Dargo's restraint, if somone told me they were going to hunt my property if I like it or not, there would be trouble, if he was armed or not....
I do admire Dargo's restraint, if somone told me they were going to hunt my property if I like it or not, there would be trouble, if he was armed or not....
Cityboyfarmer
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</font><font color="blue" class="small">( Too brutal? If so, what else can I do after these people are knowingly violating the law and the wishes of the property owners? Thanks for the suggestions so far. And, yes, I do know what is suggestions that are made tongue in cheek. The only real bad situation will be if someone is trespassing and hunting when any of my 5 kids are there enjoying our property and fire gun shots towards my kids. That is a situation I am really trying to prevent at all costs, except I'm not going to be kept away from my own land to use. )</font>
Not too brutal at all Dargo. You must do what you have to do, and keeping it legal and protecting yourself from liability is the most effective way to do it. I have an irresponsible neighbor who has caused me all kinds of problems, the latest of which is discharging firearms across my property. I call in the sheriffs department to settle the disputes now, since he has long ago demonstrated he is unapproachable. One step at a time I am bringing the situation under control. Hopefully, with enough legal pressure applied, he will either shape up or move out. I refuse to not be able to enjoy even one square inch of my property because of him or anyone else.
Be persistent. These people eventually will not be willing to pay the price of the legal hassle to continue trespassing on your property and will seek somewhere else to go.
Best wishes, and keep us “posted” on your progress.
Not too brutal at all Dargo. You must do what you have to do, and keeping it legal and protecting yourself from liability is the most effective way to do it. I have an irresponsible neighbor who has caused me all kinds of problems, the latest of which is discharging firearms across my property. I call in the sheriffs department to settle the disputes now, since he has long ago demonstrated he is unapproachable. One step at a time I am bringing the situation under control. Hopefully, with enough legal pressure applied, he will either shape up or move out. I refuse to not be able to enjoy even one square inch of my property because of him or anyone else.
Be persistent. These people eventually will not be willing to pay the price of the legal hassle to continue trespassing on your property and will seek somewhere else to go.
Best wishes, and keep us “posted” on your progress.
I collect and target shoot military firearms. I have a range which covers a large area of my 30 acres. When I notice activity, I bring out the big guns and shoot a few targets. Word travels fast in a small town (small county) and I just don't have problems.
jmc
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Dargo,
I don't know the lay of your land but if that ditch doesn't keep them out, the mosquitoes that breed there might...
I ran across a website on electronic surveillance and was amazed at the stuff available. You may want to look into the next level beyond deer cams. Security firms that specialize in this may even come out to advise you. Probably cheaper than guards and you'll have something to sell afterward.
John
I don't know the lay of your land but if that ditch doesn't keep them out, the mosquitoes that breed there might...
I ran across a website on electronic surveillance and was amazed at the stuff available. You may want to look into the next level beyond deer cams. Security firms that specialize in this may even come out to advise you. Probably cheaper than guards and you'll have something to sell afterward.
John
deere755
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We go through the same thing where I live and i live on the land. Our land joins the Army cor of engineers land and it is legal to hunt or fish on there land but everyone comes in on there land and crosses onto ours or they cross ours to get to the cor ground. It gets me angry because during deer season some of them shoot very close to the house. Its a constant battle but I don't have any answers as to stopping it. We know the game wardens phone number by heart and constantly put up signs all the time that is about all you can do.
Junkman
Super Member
Get yourself a big electronic siren and keep blasting it when you hear shooting. It will scare off the deer and the hunters also. It works for me..... Junk...
ScottAR
Veteran Member
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.
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
Elite Member
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
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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.
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
Super Member
</font><font color="blue" class="small">( 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. )</font>
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.
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. )</font>
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
Gold Member
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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
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
Elite Member
</font><font color="blue" class="small">( </font><font color="blueclass=small">( 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. )</font>
I'd fence off the property and post it Junkman. Let him try to do something 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. )</font>
I'd fence off the property and post it Junkman. Let him try to do something about it.
Junkman
Super Member
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.
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
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
Elite Member
</font><font color="blue" class="small">( 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. )</font>
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.
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
Super Member
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......
