Tresspassers and Cable Gates.

[Wingnut]

you'd think that a verdict of 'death by trespassing' would cure the problem ... but it seems not to be the case.
I know I see a conspiracy around every corner, but doesn't the lack of support for property ownership by our governments (at every level) coupled with the ever increasing use of emminent domain make you wonder if any of these people ever read the constitution?
One of the things that makes us great is private ownership ... and it seems like they're working hard to erode that right.
Why should I have to post my land? I wouldn't dream of wandering over private land, posted or not .... bottom line ... it's not mine!

 

[TerryinMD]

Wingnut,

That's the problem... you need to tell people everything they can and cannot do!! The reason.... because!!

More than likely, 99% of the population respects private property because they know better. That lousy 1% are the troublemakers and, somehow, they find a good lawyer to defend them. Not a bad deal for the lawyer and an excellent deal for the perpetrator.

That is why you need to be insured out the whazoo, have billions of stickers on everything you own, have small print on every TV or printed add, etc., etc. /w3tcompact/icons/eyes.gif

Terry

 

[dmccarty]

Bob,

I think NC law is similar. I was talking with a person who had some
land Down East from me. The land had been handed down as the
generations had died off and no body was really watching the place.
One of the neighbors incroached on the land and eventuall was able
to claim the land as their own since they had been maintaining it. The
family now walks the land every so often....

For this reason, legal protection and to chase off the tresspassers is why
I posted my land. In NC the strongest legal protection for a land owner is
to post the land and not allow any one on the property. At least that is
my understanding. So that is what I did.

Its a real shame that people have to do this.....

Later...
Dan McCarty

 

[dmccarty]

Jag,

So far no news. I'm sure it will be a week or so before
the lawsuit....

I have continuing problems with tresspassers. Some of
this is going away when one of the people moves out of
the area. But I still have problems with other people.

This winter we had 12 inches of snow from one storm. I
drove out to the property to check on things, maybe burn
one of my burn piles, and mainly to take pictures of my
road with the snow. Figured it would be a good XMass
card for this year.

Get out to the property and see lots of traffic going up
the private road to my gate. Cars and ATVs. One 5
acre parcel is in front of my gate and I have cleared it
for a house site and a drive way. Sure enough the SOB
on the ATV went zipping out on the property. He went
right past not one but two posted signs. Got to my
gate and the little s..t had gone around the gate and
past two more posted signs. The only reason he could
do this was I had just had the property line at this point
surveyed and they had removed enough saplings that he
could get around the gate. He drove over my survey stakes,
up the road, did some doughnuts in my culdesac, up the new
driveway, through the house site and on out.

Kinda ruined my picture. /w3tcompact/icons/frown.gif

I was pretty hot when I saw all this.

With 12 inches of snow on the ground it was pretty
hard to track down the perp..... /w3tcompact/icons/smile.gif

His parents and I had a long conversation at 8:00am in
the morning. /w3tcompact/icons/smile.gif It was VERY cold outside. I was
dress for working all day in the weather so I was warm.
I refused to enter their house for a couple of reasons. One
I would be hot, two I would drag in mud and snow into
their house and three, I wanted them to be in the cold. /w3tcompact/icons/smile.gif

One of my concerns is liability. There are lots of widow
maker trees on the property, holes, stumps, etc.

If I catch people I will call the law on them. I THINK
I'm getting a rep in the front neighborhood as a hardass.
But tough. I'm tired of these people thinking this is their
land to use as they like.

I drove out one Sunday with my family so we talk about
some things to do on the property. As we passed the front
5 acres there was a man 500 feet out into the lot. I had to
stop the truck to open my gate and I thought I would just
go talk to him but figured I would drive up to the road since
I had my family and walk down and see him. As I pulled up the
road he had managed to walk out of the property and by the time
I parked the truck and got back down the road he was out of there.
He lives in the front subdivision. He went past the two posted
signs. He KNEW he was wrong and he ran off like a scared little
kid.

He is the type that really ticks me off. He is a neighbor. I can
understand him wanting to see what is going on. Its none of his
business but I can understand the curiousity. Just come and TALK
to me. Not very neighborly to run off like some two year old
caught with their hand in the cookie jar. I have had this happen
MANY times.

I won't get into the people who litterally crap on my land or the
poachers.... /w3tcompact/icons/smile.gif

Later...
Dan

 

[Charlie_Iliff]

Dan:
Some years ago, the County bought an old railroad right of way that goes through the edge of our property and turned it into a hiker biker path. Since my wife is a frequent user of the path, I have to tone down my irritation that we now seem to be the custodians of a public petting zoo, campground and party site. A driveway to my brother's house crosses the hiker biker path, and the County agreeably posted the road . There is a steady flow of people to and from the path from the county road, via that posted driveway, and not uncommonly one of the spandex brigade will severely chastise one of my family for using our own road with a car or tractor.
They don't threaten our safety, so we can't shoot them, and it is a time consuming and frustrating hassle to call the police. So, we point out the signs and hope that a stallion doesn't remove one of their kids' fingers.
I find that it doesn't really help to spend all my time angry, so I ignore most of the trespasses. Some of the neighbors have actually asked permission to use the drive, which we've cheerfully granted. Most people, however, think because there is some space without a house, it is necessarily public land and any road pointing where they want to go must be a public road.

 

[rancar]

Dan,

<font color=blue>One of my concerns is liability. There are lots of widow maker trees on the property, holes, stumps, etc.</font color=blue>

This a real concern. Based on my conversations with our attorney, a person, ATV rider, motorcycle, etc going into one of these holes or hitting a stump will subject you to liability. That's why I erected my wall of wood. I tried to survey every entry point on the boundary perimeter where the snowmobilers were entering the property. Besides my wall of wood, I piled up old slash to a level that could not be overcome by the snowmobiles. This seemed to do the trick. They didn't feel like removing this so they left.

In your case it's likely different. Did you consult with an attorney to determine what remedies are available besides posting? It just might be this situation won't get resolved until you have your home built and you're living there...then, these people will be able to see there's a resident homeowner and offer you a bit more respect.

Bob

PS-- Dan, I'm visiting the dealer on Friday to work up a purchase order for the 4710. Your private e-mails on the SCVs and hydraulic top link helped alot...I appreciate it. Will share more in another post about my 4710 shopping experience.

 

[dmccarty]

Charlie,

I can't just let the tresspassers alone. Just not in my nature I guess. /w3tcompact/icons/smile.gif

Some of the run ins I have had with people are just rude. Not as bad as other
TBNers have had but still rude. Some one who is going to walk on my land and
poach, well, I don't expect much from them. The people who have been causing
most of my problems are my neighbors and that is what really ticks me off. They
should know better.

And Liability is a concern. And as others have said, depending on the state, allowing
others to access your land may end up providing them with a permanent easement on
my land. Nope. I'm not going there! /w3tcompact/icons/smile.gif

Later...
Dan

 

[dmccarty]

Bob,

I did not talk to a lawyer but the state of NC had a document for
landowners on website. The document was about how to protect
yourself for lawsuits and such. The best legal protection was
posted signs. If you invited someone on the property then your
protection was lowered a bit. If you charged someone money to
use your property then your really lowered the bar unless they
signed a piece of paper stating otherwise.

So I chase people off if I can talk to them. I have been somewhat
nice to my neighbors who I have caught. Just told them to stay off
the property. Depending on their attitude they where either asked
nicely or told firmly. /w3tcompact/icons/smile.gif There are a few I'm hoping to catch
so I can call the deputies.

I think I'll try to find that document again. Its been a few years
since I read it and I'm sure I should refresh my memory. /w3tcompact/icons/smile.gif

About the tractor "advise" its not a problem. People helped me out
when I started out so if I can I share as well. Its my turn so to speak.
Besides if we all share a little of what we know, and I know little, then
we are just One Big TBN Organism! /w3tcompact/icons/smile.gif Hmmm, sounds like a
Sci Fi movie! /w3tcompact/icons/smile.gif

Later...
Dan

 

[Wingnut]

you go tthat one right, Dan .... permanent easements kind of sound like "if you break the law long enough, we'll give you a get out of jail free card"

Seems like we get "rights" to all kinds of things we don't want, but no rights to things we legally own.

wingnut

 

[skent]

I have the same problem with kids on ATVs. Having talked to both their father's, one father maintains that it can't be my kid, he does not trespass!. (but he does, and I cought him in person more than once.)

By the time the police get there, they are long gone.

My property is posted and it's bad enough that I spend money and time to post the property only to have them ignored. But now they are gettin destroyed. Three signs were physically knocked down and torn up and two more were shot up with a 12 gauge.