Why people tresspass

[Mousefield]

we have had some tresspassers on our property too, they always tear up the gravel in our driveway since they tend to be on ATVs or Dirt bikes. I guess that when they do that though, it just gives me more seat time.

This is my big beef as well. I once found 3 ATV's, 5 guys and 2 chainsaws making a new path from our private road onto my neighbors private 200 acres. When people come to the end of our one lane gravel road, we are at the end, I ask them which of the 7 PRIVATE DRIVEWAY signs did they miss.

 

[texasjohn]

Here is the law in Texas regarding criminal trespass. Note that very specific requirements exist regarding notification of a person that they are trespassing. It typically is a class C misdemeanor....partial excerpts below...net= no big deal

(e) A person commits an offense if without express consent or if without authorization provided by any law, whether in writing
or other form, the person:
(1) enters or remains on agricultural land of another;
(2) is on the agricultural land and within 100 feet of
the boundary of the land when apprehended; and
(3) had notice that the entry was forbidden or
received notice to depart but failed to do so.
(d) An offense under Subsection (e) is a Class C misdemeanor
unless it is committed in a habitation or unless the actor carries a
deadly weapon on or about the actor's person during the commission
of the offense, in which event it is a Class A misdemeanor. An
offense under Subsection (a) is a Class B misdemeanor, except that
the offense is a Class A misdemeanor if:
(1) the offense is committed:
(A) in a habitation or a shelter center;
(B) on a Superfund site; or
(C) on or in a critical infrastructure facility;
or
(2) the actor carries a deadly weapon on or about his
person during the commission of the offense.

-------
Class C Misdemeanor Punishment--Texas Penal Code section 12.23
Under Texas Law, a Class C Misdemeanor offense is punishable by:
a) NO Confinement in jail;
b) A fine not to exceed $500.
Community Supervision and a Class C Misdemeanor
A person convicted of a Class C Misdemeanor in Texas MAY be eligable for up to 180 days of deferred disposition instead of a final conviction.


(c) Conviction of a Class C misdemeanor does not impose any legal disability or disadvantage.

 

[beppington]

How about mounting animal skulls (boars, bears, gators, tigers/ cats, whatever) on trees/ posts here & there around your perimeter. You'll convey that you have guns (even if you don't) & have no problem killing (even if you do). Probably the bigger the skull, the more noticeable, the better. Include tusks/ horns/ teeth whenever possible.

Hide a loudspeaker outside where you can hit play & have it blast the sound of gunshot whenever you want. Save your bullets.

The goal is to scare people, which these days the law doesn't do.

 

[charlz]

Could be if you don't grow up around or with property you don't really have the concept of property rights. E.g. if you lived your whole life in apartments with just about everything being a 'common area' the idea that "no, you really can't go there without permission" probably just doesn't compute.


Now, on the other hand you also have land owners who don't understand various access issues. In Montana and Idaho all navigable (big enough to boat or float) rivers and streams up to the high water mark are public access. If you own 1, 10 or 1000 acres and there is a river or stream going through it I am allowed to hunt, fish, float, boat, whatever within those high water marks. Both allow you to get out and cross private property to go around obstacles (natural or man made) in the stream bed using the shortest possible path.

We get plenty of out of state landowners who don't know or don't like these laws and will harass you about 'trespass'. In the Montana valley where I grew up Huey Lewis bought up a bunch of river bottom land and proceeded to try and keep everyone off the river and a slough that was within the borders of his land. The river was a no-brainer (for those who have brains) but the slough took many years of court battle before it was finally officially recognized as being public access. This was mainly due to all the government agencies passing the buck to one other as they didn't want to have to spend their budget fighting him in court. Each year one of the local judges would lead a 'fish-in' at the slough to re-enforce that the public had access :thumbsup:

Now that it is public access he has placed duck feeders along the slough. In Montana it is illegal to hunt near a bait pile so he has effectively removed the public's ability to hunt ducks along the slough.

 

[Tig]

Typically I find confrontation works best if I err on the side of being civil. I used to be more aggressive, but I almost lost it as I chewed one guy out a few years back. I'd rather be the one who calls police so I keep it short and sweet these days. The exception may be the last guy I spoke to on Sunday, he got a bit more of my attention, but I think he understood the back story.
My standard line is something like this. "This is private property, please do not trespass" Then I turn away so as to not invite discussion. I've found that discussion amount to a load of crap excuses or expressions of entitlement. Most people leave without a word and don't come back.
We are building a new house this year. My office will be in a sort of "guard tower" location. We will also have better general visibility to the prime trespass destination.
I have effectively inhibited one approach to the property by transplanting hawthorns in to the approach area. Makes for a nice thicket, about as nasty as you can get without drawing blood.
I'll finish that approach off next year with a 6x9 page wire fence along the cedars we planted and a gate. It will won't look ugly or out of place and also will not block our view up river.
In front, I think I'll just roll out the snow fence for the long weekend. The regulars will understand, and probably applaud. The annual nuisance will have that much further to walk and appear on video. Long term plans will probably include more fences and gates. It's a shame since they are only needed 6 days a year.

 

[BillBeyer]

The mentality of some of the trespassers just amazes me. 400 acre farm that backs up to me, owned by a friend of mine. Caught some kids riding 4 wheelers, on his crops of course. They started getting smart with him so he called the sheriff dept., then the boys called their Dads. When Dad got there the deputy had arrived. Dad got smart with deputy and got to sit in car. Wonder why the boys smarted off to the farmer. Then another Dad showed up, told the farmer that if he would conventional till the ground instead of no-till people would be able to see that the ground was planted. Deputy asked him what he thought the green plants coming up out of the dirt in lines all over the field were? I guess he had never seen corn that was 2 ft. tall and still growing except where the ATV's had knocked it down.

 

[Tig]

Charlz, I think you are right about upbringing. These people show up in 4 to 6 minivans. 14 to 20 individuals on one campsite that has a 16' trailer. They just do not get it. They left last night around 5 PM, radio blaring all the way.
Monday night was a typical night in the camp. You could have ran around naked and not be noticed. It was empty. Partially due to regulars being driven away. The rest of the year will be quiet and I will mellow out.
Thanks for the thoughts guys.
Bep, there were skulls in the yard when we bought the place. SWMBO had me dispose of them.
We are officially in a "village", even though it is across the river. I would need permssion from about a dozen adjacent property owners to fire a gun. I'd be more inclined to borrow a nasty dog or two for the weekend.

 

[MoKelly]

We have our primary problems with trespassers once a year ... when the field is plowed in the Spring.

People seem to believe it is a God given right for them to be able to hunt for arrowheads whenever a field is plowed no matter whose property.

Almost every time I confront these folks the response is the same ... "I am only looking for arrowheads and I'm not hurting anything".

OK ... maybe true. BUT, this is private property, my wife and kids live here and I don't know you from Adam.

So, please leave.

I agree with comments above that some folks just believe if there is lots of undeveloped land its like a Park and they are entitled to play around.

 

[charlz]

Then another Dad showed up, told the farmer that if he would conventional till the ground instead of no-till people would be able to see that the ground was planted.

Always somebody else at fault isn't it? Nice example both dads are setting for their kids. :confused2:

 

[jobguy]

Trespasser and his son walking down the small river on our farm says to my 70 year old mom "You don't own the river, we have every right to be here". Mom replied "The Bull does not know that"....... They left ASAP.