Trespassers

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Same in Oz...one of the landowners at work found that as long as anglers followed the creekline through his property, they could fish and traverse his property.
 
Supposed to be "freedom to roam" in Scotland (unless they've changed it, various Conservative govts have proposed this) but I have been visited at home by the cops after trespassing on a private estate.

Was going to ask permission to camp and then decided, having come in sight of the big house, that it'd be a waste of time so left.

They apparently got the registration number of my car which was parked on the public highway. Cops said they'd "take no further action on this occaision."

I'd have been quite interested to see them try.

Theres the law, and then theres the money.
 
Originally Posted By: dlundblad
Originally Posted By: CT8
Originally Posted By: tomcat27
I loaned our lake cottage to a friend; who woke up to find someone fishing off our dock. some people simply have no respect or common sense.
+1


This would be perfectly legal in Indiana since you don't own the water.







Not on your bank or on your dock, that's private property. Fishing from a boat, sure if its a shared body of water, but not on your private pond. Just imagine someone sliding a boat into your private pond and claiming they weren't trespassing...
 
Hi Chris -

According to the "World population" readout this morning there is 7.6 billion people in the world today .. and 1 happened to wander up your driveway.
I'd say you are doing quite well considering the odds.
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Look on the bright side, grasshopper.
 
Some else posted about him in our local neighborhood watch page. Seems that he has been suspected of breaking into homes while people are gone! I don't think he will be back to my place.
 
Originally Posted By: Chris142
Originally Posted By: Vern_in_IL
You have "pubic access" and a stranger does not have to leave property, until you tell them, if they refuse then cops arrest.

You need a fence and a gate. Signs every 60ft and purple paint on trees. Close off "public access"
its not public access. Its private property once you leave the street. With signs. I have 2 gates. They just run through them.


Are they closed?? If not, I guess they aren’t gates.

Ive observed a few times that GPS shows a general route that isn’t really accurate, and if there are multiple lots/properties off of such an approach, it can be easy to get confused. Sometimes lot numbers aren’t accurate on a gps either. So if one thinks they’re going down the right path, then they may think they’re going to the right place, and not “trespassing”.

Then again a local name can be a lie to indicate familiarity.

It’s scary stuff, no doubt.
 
Originally Posted By: CT8
Originally Posted By: gathermewool
What's a numnut?

Sounds like you need to change something; either your attitude or your signage...
It is a nice discriptor .


Numb nut.
Originally Posted By: Chris142
Some else posted about him in our local neighborhood watch page. Seems that he has been suspected of breaking into homes while people are gone! I don't think he will be back to my place.


Now that sounds shiesty. It's good that you seem to have a good community within the "neighborhood".
 
I made a big oops when I was jogging in a remote area near my inlaws' old house in N Central Arkansas...the roads didn't really look much different than driveways and I missed that the road I was on actually had ended. There were woods on either side of this long driveway and NO TRESPASSING signs on the trees, but the signs faced towards the driveway instead of in the direction of travel and I thought they were just saying to stay out of the woods and not off the "road".
I suddenly saw a clearing with a house and a guy rushing out who looked pretty alarmed, and it hit me that I was on his driveway. I just pulled a Uturn right away and called out that I was sorry and wouldn't be back. He didn't call the police or chase me down, so I guess he was OK with my apology. I realized after leaving his property that I should have made a turn onto a dirt road that was actually narrower than the guy's dirt driveway and the dirt road I had been on. My inlaws had recommended that I run on a road to the lake that been closed down because too many kids went there to drink and whatever else late at night, but that got so decrepit past the barriers that I worried about my ankles and knees (despite the fact that it had been paved at one time).
 
Originally Posted By: SOHCman
Originally Posted By: dlundblad
Originally Posted By: CT8
Originally Posted By: tomcat27
I loaned our lake cottage to a friend; who woke up to find someone fishing off our dock. some people simply have no respect or common sense.
+1


This would be perfectly legal in Indiana since you don't own the water.







Not on your bank or on your dock, that's private property. Fishing from a boat, sure if its a shared body of water, but not on your private pond. Just imagine someone sliding a boat into your private pond and claiming they weren't trespassing...


I think you are confused.. We aren't talking about private private here. TomCat said "lake cottage", which I take to mean a public lake. Fishing from a boat in a public pond isn't even worth mentioning because it wouldn't be possible without trespassing.

I spoke with a DNR officer last month over an issue with some deeded lake access. 15' in from the water is technically public.
 
Maybe get a big dog? We have a long driveway with the house out of sight over the hill, and there's been a couple times someone has driven up to where they can see the house and then turned around. We don't lock down our place at all really but I assume the sound of a couple big dogs acts as a deterrent. Also I don't make our entrance very fancy so it doesn't look like I have $50k in new OPE waiting to be stolen.
 
Canada (Sask; all property is Provincial Jurisdiction, so will vary in all 13 provinces and territories) but ... inland waterways (lakes, rivers, ponds) are all public property as per Federal Law. Anyone can be anywhere on the water.

Private lakefront / waterfront property outside of a city, town or village, is public property up to the traditional water line ( 50 year high water line, 50 year flood allowance, etc) minimum +6.8 feet (2m) above that level or 60 feet (18m) from bank. The Permanent dock would be private property, however. Floating (non-permanent) docks, maybe not so much.

Any disturbance of shoreline or underwater habitat needs a permit to insure no fish habitat is harmed, so you can't just throw up docks anywhere you like, or at least you shouldn't because the cost will be pretty high if someone complains and you have no permit. Will involve at a minimum demolition of the dock, and returning the habitat and shoreline to it's original state. If you don't they will, and charge you about $2000/day to have their summer students do it for you.

If you can access the property via a road / driveway from a public road or highway, and the trespasser stays on that road / driveway, they are not trespassing until you instruct them to leave.

If you want to restrict access to everyone, you need a lockable gate across the roadway / driveway. Then everything behind the gate (and fence, if applicable) is private property subject to be posted (trespassing, hunting) every x number of feet (I forget the distance; it's a fair distance but think a few hundred feet and you'd be close enough).

You have to be careful that no easement exists if you want to restrict access to a waterbody surrounded by your private property. If there is a path to that body that people have used or do use, you won't be able to restrict access to the waterbody via that path or road. Once an 'easement" is established, it essentially becomes public access even if on private property, and they are very difficult to close. Best plan is to sneak it and hope no-one has the smarts to take you to court, because you will lose and now you've got a Court Order which will be a permanent note on the title. If no-one takes it to the courts, after a few years they won't be able to re-open a closed easement so you are good to go.
 
Originally Posted By: dlundblad
Originally Posted By: SOHCman
Originally Posted By: dlundblad
CT8 said:
tomcat27 said:
I loaned our lake cottage to a friend; who woke up to find someone fishing off our dock. some people simply have no respect or common sense.

Not on your bank or on your dock, that's private property. Fishing from a boat, sure if its a shared body of water, but not on your private pond. Just imagine someone sliding a boat into your private pond and claiming they weren't trespassing...


I think you are confused.. We aren't talking about private private here. TomCat said "lake cottage", which I take to mean a public lake. Fishing from a boat in a public pond isn't even worth mentioning because it wouldn't be possible without trespassing.

I spoke with a DNR officer last month over an issue with some deeded lake access. 15' in from the water is technically public.



Ahh, I didn't think specifically in public lake terms, that would be odd having a lake house ~20ft from the lake and anyone could come and have a BBQ in what would seem like your back yard. On "your" lake frontage you pay the bank for every month.

Thanks for the clarification.
 
Yes a big dog is a good deterrent. I would recommend a male Boxer. They are friendly but security minded.
 
A few years ago a niece got married and asked me to be the photographer. The wedding was in her fiancee's country church down some country roads near Hazard, KY.

I was taking pictures outside of the church - the building, people assembling, the woods on the sides of the road, the general area. All of a sudden I had a sense that I was being watched. I turned to the left and there was a woman on the porch holding a firearm.

The conversation went something like this:

Her: "That there's my property." She gestured with the barrel.
Me: "Yes, Ma'am, thank you."
 
A few years ago I worked as a gas meter tech at the local power company. Nasty, dangerous job but you got to see a lot of amazing stuff. I left my truck at a locked gate and walked down a long lane to work on a meter at a farm house. About halfway down the lane was a sign nailed to a tree:



IF YOU CAN READ THIS YOU ARE IN RANGE


I was wearing an orange vest and yellow hard hat :-)


no problem with the resident but it makes you wonder .......
 
Originally Posted By: Oldtom
A few years ago I worked as a gas meter tech at the local power company. Nasty, dangerous job but you got to see a lot of amazing stuff. I left my truck at a locked gate and walked down a long lane to work on a meter at a farm house. About halfway down the lane was a sign nailed to a tree:



IF YOU CAN READ THIS YOU ARE IN RANGE


I was wearing an orange vest and yellow hard hat :-)


no problem with the resident but it makes you wonder .......



We have a long driveway, my wife would not let me put this up midway down the drive. I wanted to buy it!

If-You-Can-Read-2.jpg
 
Last edited:
Originally Posted By: Chris142
But to go past that many signs?


One tends to achieve his goals rather by crying pardon if getting caught rather than asking permission first and being denied. There are of course risks with this approach.
 
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