Keeping Trespassers out....is it possible?

rayporter

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arkansas or ohio
a couple of pit bulls tied up with light rope that has been cut partially in half.

also remember the sign of the bull that could cross the field in 9.9 seconds? can you?

get a real bull!
 
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There is a worn trail that goes right through our property and then zig zags in and out. Heres the issue, my property gives access to several draws that guys would have to walk miles around and through NF to get to. The previous owner did his best to monitor, confront and did prosecute. Im looking for a cure all...obviously, the answer is to monitor and prosecute. We are already purchasing the best cameras and using them from elevated positions. Being a nice guy is not an option but, using tact and politeness have their limits. Enough is enough.

Appreciate all of the above comments.

...
 
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CX5Ranch

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Same problem everyone complains about in wyoming and Montana. Except its usually the hunter wanting the right to corner jump.

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You'd be surprised at how fast the trespassing stops, if you hire a couple goons to confront/disarm them and smash their rifles and scopes against a good tree. And if they park or drive on the place, bury the vehicle with a frontend loader. The sheriff will tell them they have to pay you to uncover and drag their truck out for them.
 

FLAK

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I would say hog wire fencing, but we had a neighbor that just
cut ours in 2 places making like a little door in and out. He would
pull it shut behind him and wrap it around.I finally caught him Turkey
hunting.
Havent seen him since.
 

IdahoElk

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Hailey,ID
My friend manages a ranch loaded with Elk,it's so bad he has F&G on speed dial and every year it's a new set of clowns with the same lame excuses. He presses charges on them all,even includes trail cam pictures of them walking right pass the signs,they still keep coming.
 

TreeWalking

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Give fair warning, prosecute. Some idiot will twist an ankle hiking through your property and a crazy jury might award more than a fence would cost. Fence the property now. Till up the path and plant trees on it as well as make brush piles or rock piles so is not easy to navigate. Do prosecute. Be ready for blowback but a professional, businesslike approach does wonders. As does allowing the main LEO to hunt a week each year that will be approving writing the trespassing tickets.
 

Fullfan

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Good luck keeping them out. I own 398 acres which is heavily posted. And being a retired LEO I have caught trespassers and arrested them, have trail cameras and when I would get pics of people I would use the facial recognition program provided by our department to positive identify them. And then send them a summons via the USPS. Even though word gets out that a Trooper owns the property and you will be arrested if you trespass, you can not keep people out. I live on this property and I'm always around, this matters not. I get pics of ATV and side by sides all the time, Frustrating no doubt. I have since retired and now my son is an active Trooper, the torch has been passed to him for making the arrests... I can offer no good information on how to keep trespassers off.
 
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Lenexa, KS
Have you considered placing a placard or something, weather protected or otherwise durable, that shows a map, shows where they placard is on the map, a line delineating public from your private, and an alternative public route to get to where they want to go? I'm thinking some of those guys may not even believe it's private, I've seen plenty of landowners post stuff incorrectly to keep public to themselves, so it seems natural for some people to have their doubts. Some also might not know of the alternate way to get in there, now you can show them.

"Hi! Smile, you're on camera. You are about to enter private property. Please reference your location on the map. Trespassers will be prosecuted. Suggest you use alternate route through Forest Service land shown on the map."

As you get some convictions you should update placard with a list of names and dates of convictions, let people know you are effective in your prosecution. I'd bet this will deter all but some of the damn-the-man types, and their names will end up on the list.
 
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Praxeus

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Appreciate all of the responses.....honestly, I had no idea that trespassing was such a common problem.
 
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Praxeus

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I’m a real estate attorney. You should be in touch with one from your area before taking any steps to prevent access on the well-worn trail. Prescriptive easements are legal easements, with the same force as a recorded easement, that are established through long periods of adverse use without permission. Additional details would be required but the public very well could have an easement. The attorney would be able to tell you.


Idaho- interesting input here. To my knowledge, there are no easements. This would have been divulged through the title company. It was my understanding that for years and years, the public entered this area without resistance. Then, a guy bought it (before me) and the war started. Now I am getting aggressive about this trail access. Its plain and simple trespassing. Its been acknowledged as such. I have the sheriff, NFS and my next step is fish and game dept.
 

5MilesBack

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Appreciate all of the responses.....honestly, I had no idea that trespassing was such a common problem.

Given the state of our society these days, lots of people think they're as entitled to your property as you are. They didn't work for it, they didn't pay for it, but they certainly expect to be able to use it.
 
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Praxeus

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You'd be surprised at how fast the trespassing stops, if you hire a couple goons to confront/disarm them and smash their rifles and scopes against a good tree. And if they park or drive on the place, bury the vehicle with a frontend loader. The sheriff will tell them they have to pay you to uncover and drag their truck out for them.


LOL.....I needed this
 
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If the public entered the area for years and years with no resistance then there may be a prescriptive easement. Sounds like you might end up paying an attorney to give you bad news and then fight with the title company.
 

P Carter

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Idaho- interesting input here. To my knowledge, there are no easements. This would have been divulged through the title company. It was my understanding that for years and years, the public entered this area without resistance. Then, a guy bought it (before me) and the war started. Now I am getting aggressive about this trail access. Its plain and simple trespassing. Its been acknowledged as such. I have the sheriff, NFS and my next step is fish and game dept.

A prescriptive easement would typically be carved out from a title policy. (In other words, a title policy wouldn't show a prescriptive easement, and the title company specifically says that, so not finding a prescriptive easement isn't typically a mistake on their part.) Might be worth checking with an attorney...but the odds of a trespasser suing you to prove a prescriptive easement seem pretty small.

You might also want to check your local laws to be sure the posting is adequate. Some states have specific posting requirements for criminal trespass prosecutions.

Good luck. I don't envy those in your position. Quick, certain punishment is the best deterrent. Our legal system usually does not provide that.
 
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Idaho- interesting input here. To my knowledge, there are no easements. This would have been divulged through the title company. It was my understanding that for years and years, the public entered this area without resistance. Then, a guy bought it (before me) and the war started. Now I am getting aggressive about this trail access. Its plain and simple trespassing. Its been acknowledged as such. I have the sheriff, NFS and my next step is fish and game dept.

I’m not making a final opinion as I don’t have all the facts but it sounds like there very well may be a prescriptive easement, meaning legal public access. Prescriptive easements don’t have to be recorded. They are unwritten easements based on past use. You are likely deemed aware of the easement based on the well-worn trail. It would be irresponsible to not determine the legal status of the trail just like it is when the public goes on private property without knowledge.
 
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