Trespasser.....what would you do?

[bdhsfz6]

2019 Tennessee Code :: Title 39 - Criminal Offenses :: Chapter 14 - Offenses Against Property :: Part 4 - Burglary and Related Offenses :: § 39-14-405. Criminal trespass.

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Tennesseans welcome purple paint as replacement for 'no trespassing' signs

Property owners in Dickson County are using purple paint Wednesday to keep trespassers off their properties.As of July 1, Tennessee property owners can use purple spray paint on trees, posts and fences to keep people off their land.The new law says proper

fox17.com

With florescent purple paint on Tee posts, the law allows you to place them at a nice distance apart. In my state, it has to be florescent because of ATVs and snowmobiles that are used at night time to avoid trespassing.

RUST-OLEUM 1869838 Fluorescent Purple Marking - Spray Paints - Amazon.com

RUST-OLEUM 1869838 Fluorescent Purple Marking - Spray Paints - Amazon.com

www.amazon.com

lowes, Home Depot, ACE Hardware, etc all carry this.

Why is this law helpful to land owners? It's not just the criminal trespass, it also prevents those who trespass from suing you for injuries on the property or damage to their equipment, etc. It also protects you from having liens placed on your own home from those civil lawsuits too. Each state has it's wording for the purple posts, I posted the TN law here for reference as you're in Knoxville.

Your signs can be taken down, purple paint is hard to remove when it's on places hard to reach.

Good advice. Many states now have a purple paint law.

Be aware that the paint you reference is temporary marking paint which deteriorates quickly. It will work but I suggest using Rust Oleum's "No Hunting Purple" #270970 instead. It isn't fluorescent but it will last much longer.

 

[Jstpssng]

You ever been sued? It's more than sad.

It's you against the other guy, the other guys lawyer and your lawyer.

You better be scared!

Why should I be afraid when I have done nothing wrong, and they are trying to buck the law? People who are scared to stand up for rhemselves, bowing to the perceived threat of sleazebag lawyers are why they can get away with it.
It’s all well and good to talk tough about S-S-S... but unless we are willing to stand tall every day and not get pushed around the sleaze bags will get their way.

 

[TractorGuy]

I upgraded my No Trespassing signs to also read No Hunting yesterday. Nothing says Welcome to the Neighborhood like brand new warning signs.

Still, with the property next door being prepped for two new houses I figure I might as well be up front.

 

[LD1]

I upgraded my No Trespassing signs to also read No Hunting yesterday. Nothing says Welcome to the Neighborhood like brand new warning signs.

Still, with the property next door being prepped for two new houses I figure I might as well be up front.

What about today or tomorrow? Can I hunt then

 

[newbury]

Purple paint may be nice but if I have to paint a tree or put up a sign every 100 feet it would be a pain. I've 7 separate lots and about 50,000 feet of boundary. That would mean marking 5,000 trees.
I'll have to live with Mississippi's law that all unauthorized access is trespassing.

 

[SouthernSky]

Purple paint may be nice but if I have to paint a tree or put up a sign every 100 feet it would be a pain. I've 7 separate lots and about 50,000 feet of boundary. That would mean marking 5,000 trees.
I'll have to live with Mississippi's law that all unauthorized access is trespassing.

Same for Louisiana. I don’t HAVE to post, but I still keep a few signs out at strategic locations.

A bow hunter asked me last week if he could hunt here. I said no. Because he is adjacent me he asked if he could come in if his game ran on to my land. That I said yes to.

 

[Larry Caldwell]

You ever been sued? It's more than sad.

It's you against the other guy, the other guys lawyer and your lawyer.

You better be scared!

That's what umbrella policies are for. Let them argue with the insurance company lawyers.

 

[farmfun]

There's a 50 acre tract next to mine. The closest to contact I've had with the landowner was when the power company wanted to bring power in for my neighbor and I, and they asked permission to put a guy wire on their land. The out of state landowner said "There's no reason to put power down that road."
I've owned this place for 20 years and lived here for 18, yet have NEVER seen anybody there. It's just a vacant piece of timberland which they apparently bought as an investment. What harm does it do if I take my shotgun and dog for a walk to see if we can scare up a bird?

You dont own it and dont pay taxes for starters.

 

[Jstpssng]

You dont own it and dont pay taxes for starters.

And... what harm am I doing?

 

[farmfun]

You're misunderstanding me. If I semi-abandon my property for damn near 30 years like the OP, then hell yes, you can come hunt in my woods, because it harms no one. I will never even know. I would argue that this is in fact normal behavoir because it happens everywhere. all the time. Normal humans are doing this constantly.

If I am active and aware of my property, and have it posted and well marked, then that would be ridiculous. Do you see the distinction?

Not really - it appears to be flexible interpretation of law

 

[farmfun]

And... what harm am I doing?

Invading the rights of others - seems fairly basic

Like taking without permission is only theft if caught I suppose

 

[Jstpssng]

Invading the rights of others - seems fairly basic

Like taking without permission is only theft if caught I suppose

Please tell me what I'm taking? This is what I don't understand. If you never even visit your property what rights am I invading, what harm is caused if somebody walks through it? I'm not cutting trees, nor am I picking wildflowers or mushrooms, which will grow back in a year anyways. I may, possibly shoot a bird (ruffed grouse) yet that doesn't belong to the landowner in this state anyways, and most likely spent most of it's life on my property as it is much more wildlife friendly.

 

[farmfun]

Why should I be afraid when I have done nothing wrong, and they are trying to buck the law? People who are scared to stand up for rhemselves, bowing to the perceived threat of sleazebag lawyers are why they can get away with it.
It’s all well and good to talk tough about S-S-S... but unless we are willing to stand tall every day and not get pushed around the sleaze bags will get their way.

May you never experience a lawsuit…

Somewhere in TBN past there was a case about easement encroachment.
(It may have been pulled for legal reasons)

The issue went back and forth, a court case then snaked through the legal system and the op lost. In the process of losing time, experiencing prolonged stress, legal bills all ending in what I recall was the loss of the property due to court financial judgement.

In another matter a widow sold the family farmhouse to a jeweler who lived in town. The shrewd businessman then sued her - stated she misrepresented the home's condition. Five years later the widow won the court case, but she had to pay 5 years of legal bills first. She died of heart failure 3 years later.

Paraphrasing War Games - Sometimes the best choice is - not to play.

 

[farmfun]

Please tell me what I'm taking? This is what I don't understand. If you never even visit your property what rights am I invading, what harm is caused if somebody walks through it? I'm not cutting trees, nor am I picking wildflowers or mushrooms, which will grow back in a year anyways. I may, possibly shoot a bird (ruffed grouse) yet that doesn't belong to the landowner in this state anyways, and most likely spent most of it's life on my property as it is much more wildlife friendly.

If your land is better why go on other’s without invite?

What’s wrong? In your mind apparently nothing - which appears to be a rather entitled view on your part “if it’s here its mine for the moment” a rather sad perspective - lack of respect.
Hunt or hike on public land to your heart’s content.

Private land “left alone for 30 years” may suddenly have livestock just outside of short target range, but still could be hit if you miss your bird. We won’t agree and that’s fine we reside in different regions – it might be a different matter if we were closer.

Something else

The property really hasn’t been visited for 30 years, perhaps there are stability issues with the ground.

Unmarked cisterns, underground structures or subterranean cave formations sinkholes. You wander about and the ground gives in. Now you’re in a hole, can’t get out or get assistance - doesn’t end well. What happens next? Will lawsuits begin? You don’t know the land and may bite off more than you can chew and others pick up the pieces. Respect others enough not to become an unwanted permanent fixture.

 

[CalG]

First, Consider..

If you have not been to the land in many years, and that the property is held by some corporate interest? What is going on in the minds of the "trespassers? NO BODY CARES! and there is an old blind on the property, so it must be good to go.

Then think.

Most sportsmen are good people. Just like you and I. Presented with different information , they will make different decisions.

Finally. You could be friends! Friends are hard to come by. and a value that exceeds property that is seldom visited.

 

[CobyRupert]

And the quicksand! Don’t forget there might be quicksand!

 

[farmfun]

And the quicksand! Don’t forget there might be quicksand!

That may a concern if you search for lost idols, wear a Fedora and hate snakes…

 

[oosik]

Jstpssng - your view of vacant property seems to be, unfortunately, somewhat universal.

It's not what you take or leave on vacant property. It's that you assume you have the right to be on that property. You can go on public land without permission. All else being equal.

You DO NOT have the right to be on private land unless given permission by the owner. It doesn't matter if you are simply sniffing the flowers or enjoying the view.

You assume you have the right to be on vacant land - simply because it is vacant.
YOU DO NOT HAVE THAT RIGHT.

I defy you to show me any law that says you can go on property - Trespass - simply because the land is vacant.

 

[Jstpssng]

Jstpssng - your view of vacant property seems to be, unfortunately, somewhat universal.

It's not what you take or leave on vacant property. It's that you assume you have the right to be on that property. You can go on public land without permission. All else being equal.

You DO NOT have the right to be on private land unless given permission by the owner. It doesn't matter if you are simply sniffing the flowers or enjoying the view.

You assume you have the right to be on vacant land - simply because it is vacant.
YOU DO NOT HAVE THAT RIGHT.

I defy you to show me any law that says you can go on property - Trespass - simply because the land is vacant.

There is no law here stating that I can't go on it. Multiple use forests are common here, and we have strong laws protecting the landowner. There's a big difference in attitudes as you go from east to west, which reflects attitudes as the land was developed.

 

[Jstpssng]

If your land is better why go on other’s without invite?

Why do people travel all over the world?

What’s wrong? In your mind apparently nothing - which appears to be a rather entitled view on your part “if it’s here its mine for the moment” a rather sad perspective - lack of respect.
Hunt or hike on public land to your heart’s content.

There is very little public land in my state, and personally I don't believe the government should be in the business of owning land.
See my comments to Oosik above.

Private land “left alone for 30 years” may suddenly have livestock just outside of short target range, but still could be hit if you miss your bird. We won’t agree and that’s fine we reside in different regions – it might be a different matter if we were closer.

I know my neighbors, and know what's going on here. I highly doubt that somebody could come up from Conneticutt and put in cattle 300 feet beside or in back of my house without me knowing it.

Something else

The property really hasn’t been visited for 30 years, perhaps there are stability issues with the ground.

Unmarked cisterns, underground structures or subterranean cave formations sinkholes. You wander about and the ground gives in. Now you’re in a hole, can’t get out or get assistance - doesn’t end well. What happens next? Will lawsuits begin? You don’t know the land and may bite off more than you can chew and others pick up the pieces. Respect others enough not to become an unwanted permanent fixture.

I wish that people would read a thread before making comments. Try doing that sometime. I've addressed the unlikelihood of that many times in this and other threads.