Trespassers

[Richard]

My wife's family owns 70'ish acres a couple miles from here. Raw land, touches a 4 lane road on one side and lake on the other. It's long and skinny. Access to it is via a VERY steep, yet paved dead end road about 200' long. (just one of two road easements)

Maybe two years ago, (their father had passed and now looking at condition of land to maybe list/sell) we walked over there.

Long story short, found two tree stands. Finally decided to take them down. Went home to get some tools to assist. On returning back with some gloves & pliers, I came to the "road" that was very steep. I decided to back down to make leaving easier.

On preparing to back down, I saw a bunch of glitter ALL over the road. Looked like diamonds glistening in the sun.

(we've been here several times by now and never saw these BUT the sun was at the right angle to reflect)

Hard to think it was an accident but roofing nails were strewn ALL OVER the road in a very even pattern. I thought/hoped they had fallen out of someone's vehicle but they'd be in a pile. These were edge to edge and from the top of the hill to the bottom.

Given that I didn't witness the event I can't state factually how it happened, but easy to conclude it was intentional (and this was BEFORE I grabbed the offending stands, I think someone wanted to make others not want to park there, giving trespasser more privacy)

I had a 18" wide magnet on wheels so went back home, got it and picked them all up. Maybe 1 1/2 boxes worth.

Didn't feel so bad taking the stands down. Put them up for sale, nothing resonated with me as far as decent terms, so I just destroyed them and took to recycling center.

 

[polo1665]

Nope

I am guessing then that you have a pretty good idea of who the offenders are.

 

[MossRoad]

I've mentioned before that when I had to deal with deer stands on our property, I'd take them down and leave a note in a zip lock bag on the tree that it could be picked up at the county sherif's office. Never had a complaint.

Now, I let the neighbor hunt it. He has a few stands on our place, and keeps an eye out for trespassers. win win.

 

[TheMan419]

Wonder what happens if the trespasser accidentally stumbles into an old dug well on your property.

In most states you do not owe a duty of care to a trespasser. Whatever happens to them is their problem. Someone you invite on to your property (friend, contractor etc) is a different story. You owe them a duty of care to make sure there are no hazards on your property, or that you warn them of the hazard.

Or did you mean "accidentally"?

 

[ROUSTABOUT]

You are a wise Arkie. It's so much easier to keep the conflict at a minimum than to create another mini WWII.

Yes, a small situation can escalate quickly.

 

[kenmbz]

When I found a stand, I just cut the lock/cable and left it on the ground.
It's still there, so eventually I will scrap it, not an expensive one, so I won't ask any locals if they want it, they have nicer ones.

 

[dmccarty]

In most states you do not owe a duty of care to a trespasser. Whatever happens to them is their problem. Someone you invite on to your property (friend, contractor etc) is a different story. You owe them a duty of care to make sure there are no hazards on your property, or that you warn them of the hazard.

Or did you mean "accidentally"?

Depending on the state law, one might have to post signs or paint to make sure that the trespass laws are in force.

Decades ago on TBN, one of the vocal TBNers talked of a case in SC where people rode onto someone else's land, a horse stumbled into a stump hole, which threw the rider who was injured. They sued the land owner.

Years ago when I looked into land owner liability, the NC extension office had a paper on the issue. Basically, posting the land minimizes land owner liability because a person would be trespassing and those committing an illegal act.

Later,
Dan

 

[Jstpssng]

Depending on the state law, one might have to post signs or paint to make sure that the trespass laws are in force.

Decades ago on TBN, one of the vocal TBNers talked of a case in SC where people rode onto someone else's land, a horse stumbled into a stump hole, which threw the rider who was injured. They sued the land owner.

Years ago when I looked into land owner liability, the NC extension office had a paper on the issue. Basically, posting the land minimizes land owner liability because a person would be trespassing and those committing an illegal act.

Later,
Dan

You can sue anybody, if you find a lawyer who’s sleazy enough. The OP’s state has a law protecting the landowner from what you describe.

Maine takes it one step further. If you sue a landowner and lose, you can then be held liable for their costs; including but not limited to lawyer fees. That eliminates ambulance chasers who “don’t charge unless you win”.
Since the law was passed in 1979, there has never been a successful lawsuit against a landowner.

 

[MAX-24-Dean]

Some land owners here have 4x8 pieces of plywood with verbage painted on it to call a local number if they wish to hunt. The local number is the non-emergency number to the 911 call center. It is answered with "Sheriffs Department, how may I help you".
When the people hang up without responding, the call can be traced to location.
Same as if you would call 911, then hang up.

 

[m1garand762]

I am guessing then that you have a pretty good idea of who the offenders are.

Right down to there names and tue name of there Amish father exact address as well

 

[m1garand762]

I've mentioned before that when I had to deal with deer stands on our property, I'd take them down and leave a note in a zip lock bag on the tree that it could be picked up at the county sherif's office. Never had a complaint.

Now, I let the neighbor hunt it. He has a few stands on our place, and keeps an eye out for trespassers. win win.

I wrote in paint pen on sheet metal and nailed it to the tree a nasty gram to them little do tue know that 2 of my friends that have permission are retired county Mounties and both plan on hunting all week mainly for them

 

[m1garand762]

Depending on the state law, one might have to post signs or paint to make sure that the trespass laws are in force.

Decades ago on TBN, one of the vocal TBNers talked of a case in SC where people rode onto someone else's land, a horse stumbled into a stump hole, which threw the rider who was injured. They sued the land owner.

Years ago when I looked into land owner liability, the NC extension office had a paper on the issue. Basically, posting the land minimizes land owner liability because a person would be trespassing and those committing an illegal act.

Later,
Dan

It’s posted I added to it yesterday with more sign even on there dads gate in my fence

 

[oosik]

I have a mile long gravel driveway. It gives access to the back side of my neighbors property. I don't mind the hunters using it. Easier access to a downed animal.

It's when they drive off my driveway and "go exploring". They get stuck - expect me to drag them out - tear up the neighbors range land - tear up my driveway.

Driveway gate signs are ignored - I end up chaining and padlocking the outer gate.

 

[Wakey]

Your insurance agent would. Your lawyer is more apt to know the laws in your state.



Many states have some type of protection such as this for landowners. If you were to take a hacksaw to one of the legs, or exert some other type of malicious action the laws won't protect you. Yet simply having somebody on your land, whether they have permission or not doesn't open you to liability.


Still, it takes a pretty big set to place a tree stand that close to your house.

I understand what the law is trying to accomplish but that doesn’t stop someone from suing me and me having to pay an attorney.

I think I told the story before but three years ago my neighbors boyfriend’s nephew came over introduced himself and asked if he could hunt on the land. I politely told him no for liability reasons and if I let one person hunt I would feel obligated to let all comers.

He had a pronounced limp and I asked him what happened. His answer, a football accident. I said, a what?

Later that week another neighbor told me they saw on Facebook the kid had fallen from a stand.

As for my neighbor, she did also later that season. It took 2 surgeries on her leg to sort that one out.

 

[Jstpssng]

I understand what the law is trying to accomplish but that doesn’t stop someone from suing me and me having to pay an attorney

I understand your concerns. That’s why my state holds the person suing liable for costs if when they lose.

Maine is the most permissive state in the nation- possibly on the globe- when it comes to public access to private land, and our officials are trying to keep it that way.

 

[JethroB]

My issue is with the abandoned stands in my trees from the days my dad let a family member hunt here. Crap in the trees and ratchet straps laying on the ground that my rotary cutter can find. I warned him last year that I would be doing a controlled burn of the pines soon, he shrugged and said not to worry about His stands. Still there like faded old Christmas ornaments.

 

[ruffdog]

In Wisconsin, if private land is in the Woodland Tax Law (MFL) system, people can hunt, hike, fish, etc on it. Forest Crop Law (FCL) property allows hunting too. Basically, if a land owner is getting a tax break being in a program, you better know all the rules. If you buy land, you need to know if it is in these programs too.

DNR site:
Can you hunt MFL land in Wisconsin?


The public may use Managed Forest Law– Open (MFL‐Open) lands for hunting, fishing, hiking, sight‐seeing and cross‐country skiing. Only hunting and fishing are allowed on Forest Crop Law (FCL) lands.

 

[MAX-24-Dean]

In Washington state, hunters must have permission from the land owner to be on private property. If they are there without permission the legislation defines it as "poaching". Same as hunting out of season.
Since this law went into effect we have not had any hunters trespass.

 

[Jchonline]

While standing at the back door drinking coffee this morning I noticed something odd. A trespasser had erected a deer feeder and tree stand 100 yards from my back door overnight. Needless to say I have a stand and feeder for sale now

Hey in some parts its a way to make some nice income in the Fall! Craigslist hunting equipment! I don't hunt anyway, so maybe I would sell and give to a charity.

 

[Jchonline]

In Wisconsin, if private land is in the Woodland Tax Law (MFL) system, people can hunt, hike, fish, etc on it. Forest Crop Law (FCL) property allows hunting too. Basically, if a land owner is getting a tax break being in a program, you better know all the rules. If you buy land, you need to know if it is in these programs too.

DNR site:
Can you hunt MFL land in Wisconsin?


The public may use Managed Forest Law– Open (MFL‐Open) lands for hunting, fishing, hiking, sight‐seeing and cross‐country skiing. Only hunting and fishing are allowed on Forest Crop Law (FCL) lands.

None of that stuff in CO. Private is private. In fact you can't even pursue a wounded animal onto private land unless you notify (or make a serious attempt to notify) the land owner and they give permission.