trespasser rant

[PREDATE]

I don't think the Alleged perpetrator is very afraid of you because the law hasn't come down on them in the past.

If you have definitive proof of who is trespassing, the DEC would most certainly investigate. 

[bubba]

If you have proof and sign the paperwork, the police have to act. The officer does not press the charges, you do by signing a sworn affidavit.  Get the proof you need than sign the papers.  But that will probably mean you will have to go to court and testify etc.  A lot of leg work, but worth it in the end

[Early]

Bubba is right: You file the charge for trespassing. Thereafter, you must prove that they, in fact, were trespassing: They crossed a posted boundary...They were refused permission to be on the premises...They refused to leave when asked to do so. If I were you, I'd start with a certified letter to them (copy to yourself) indicating that they do NOT have permission to be on your property, and that you will file charges if you catch them on your property. Once you are certain they have received the letter...File charges the next time you catch them (photo would be good) on your property.

Good Luck,

Early

[jjb4900]

 "A person who enters or remains upon unimproved and
apparently unused land, which is neither fenced nor otherwise enclosed
in a manner designed to exclude intruders, does so with license and
privilege unless notice against trespass is personally communicated to
him by the owner of such land or other authorized person, or unless such
notice is given by posting in a conspicuous manner."

 

I would post the hell out of the property............. 

[jjb4900]

http://www.dec.ny.gov/outdoor/8371.html

 

link to DEC regarding posted property and trespassing.

[Culvercreek hunt club]

Is the stand on the property line or right in you property?

[growalot]

I have not had to go to court when I had ppl arrested for trespassing..and yes they were found guilty and fined.. I went to the clerks and dbl checked and then checked regularly until the fines were paid.....the officer that took my statement and signed paper work and  theirs went....I suppose if they had plead not guilty I would have had to go in...but I had Tag #'s and vehicle plate #'s

[woodchuck]

thanks for all the info guys. one day last summer I went up to run some barbed wire. neighbor of course had nonbarbed wire up for easier access. drive up to the property line and find they cut 5 to 6ft of brush and small trees when they put in new fence posts. I was PISSED. they posted the crap on their side. when I post my side seems that the "WIND" blows only my posted signs down and they are gone. theirs stay put on the tree. cop asked me if its posted and I said yes it is but for some reason my signs keeps disappearing. he says he cant do anything but talk to them. then told me I needed to talk to codes dept because this was more of an issue for them. called codes and was told its for police, codes cant do anything. figured the cop was too lazy to do the paperwork. I will have to get my lawyer to right up a notice to send to them. The stand I saw the flashlight from yesterday is smack dab in the middle of the property. they have stands built that are anywhere from right on the property line to 5 or 6ft off of it.

 

I realy thank all of you for your advice on this and from other threads as well. I was going on this site 3 months before I decided to join and I am glad I did. Good people and good advice. Thanks to everyone again.

[Culvercreek hunt club]

Good luck. Few thing make life a bigger pain in the arse as bad neighbors.

[HectorBuckBuster]

I would get a sign says blind hunter area enter at your own risk, be careful of stray arrows or bullets.LOL   Just kidding. Maybe put a stand up close to this one and sneak in and sit in it and watch your other stand.

[jjb4900]

thanks for all the info guys. one day last summer I went up to run some barbed wire. neighbor of course had nonbarbed wire up for easier access. drive up to the property line and find they cut 5 to 6ft of brush and small trees when they put in new fence posts. I was PISSED. they posted the crap on their side. when I post my side seems that the "WIND" blows only my posted signs down and they are gone. theirs stay put on the tree. cop asked me if its posted and I said yes it is but for some reason my signs keeps disappearing. he says he cant do anything but talk to them. then told me I needed to talk to codes dept because this was more of an issue for them. called codes and was told its for police, codes cant do anything. figured the cop was too lazy to do the paperwork. I will have to get my lawyer to right up a notice to send to them. The stand I saw the flashlight from yesterday is smack dab in the middle of the property. they have stands built that are anywhere from right on the property line to 5 or 6ft off of it.

 

I realy thank all of you for your advice on this and from other threads as well. I was going on this site 3 months before I decided to join and I am glad I did. Good people and good advice. Thanks to everyone again.

unless you had a way to positively identify who was on your property, it would be impossible for any of the agencies to really do anything other than speak to them at this point.........make sure the cop does go speak to them, then get the report showing he did so, and who he spoke to.........most cops are required to document every time they respond to a call and take some type of action.

[rotorooter23]

I for one can not tolerate tresspassers. It is one of those fine lines with me and I do not tolerate it. Definitley nip this in the butt somehow with the previous suggestions that everyone has given. I for one would personally go knock on the door and confront them. Next step would be a call to authorities and explain the situation in fine detail in how this keeps happening. They have to do something about it and can not just ignore it. You have a right to hunt there and if its your land your paying the taxes for you and your friends to hunt. Not tresspassers.

[PREDATE]

they have stands built that are anywhere from right on the property line to 5 or 6ft off of it.

 

 

That is No man's land. Look into it. That might be your way to get an ECO to knock on his door.

Edited October 22, 2013 by PREDATE

[jjb4900]

That is No man's land. Look into it. That might be your way to get an ECO to knock on his door.

interesting point, do both parties own the dividing line and have legal access to it and can it be used by either party? as long as he is any distance off the dividing line or right against it there is nothing that can be done, but what if it's a tree that falls directly on the line.

[growalot]

A lawyer maybe your best bet if they are encroaching on your land...cutting fencing etc...

We had that issue at camp....got along with the guy for years then one day we get there and the hooks for hammock are gone and  posts  and fencing are up...long and short...a local put a bee in his bonnet about the property line and how much THEY thought he owned...ps...land on this side of valley originally belonged to the family....camp is part of that and purchased from a uncle.....The guy went from nice to nut job and the courts handled it...to him having to pay his lawyer...all court fees.....and a brand new survey we had done again....plus he lost a little more land to boot...sold after that

[Waldershrek]

_{I always have my iphone with me in case of emergency. DEC wasnt helpful last year. either were state police. town police wouldnt press charges, only go talk to them. wouldnt even go and look at what was cut down by them. You try to do things within the law, but after a while enough is enough.}

 

Yeah more than likely you'll get the run around from the cops. Especially if your land isn't posted "properly". Which is nonsense because you know damn well if it was a cops property somebody would get arrested. There was a farmer near me that does a good job managing his property for deer. Had an albino buck on his land. A local scumbag went on his property and killed it. DEC told him they couldn't do anything because his land wasn't posted legally.

[fasteddie]

I know properties that aren't posted and I wouldn't go on them just because of that . People should respect property that belongs to others . I don't see why it has to be posted !

[covert]

Yeah more than likely you'll get the run around from the cops. Especially if your land isn't posted "properly". Which is nonsense because you know damn well if it was a cops property somebody would get arrested. There was a farmer near me that does a good job managing his property for deer. Had an albino buck on his land. A local scumbag went on his property and killed it. DEC told him they couldn't do anything because his land wasn't posted legally.

 

"Q. Must I post to keep people off my property?

A. No. Trespassing is illegal even on unposted property, unless it is unimproved, apparently unused and unfenced (or not otherwise enclosed to exclude intruders.) Even on vacant land, a written notice delivered in person (or by certified mail with a signed receipt, etc.) to any person, in the name of the landowner or authorized party, containing a description of the premises and a warning of restrictions which apply has the same effect, for that person, as if the land were posted with those restrictions. Likewise, anyone asked to leave the premises, posted or not, by the landowner, occupant or other authorized person, must do so immediately."

 

http://www.dec.ny.gov/outdoor/8371.html

[JFB]

If you are lucky enough to catch him red handed, and you are comfortable doing it, take video as you approach him. Also, ask that he produce his Back Tag number to you for identification... I've been told it's illegal for someone to not produce their tag number when asked. That may spark the interest of sometimes uninterested ECO officers. 

 

[woodchuck]

I will catch him. anyone who saw the video of grandpa knows why he screwing with my spots. funny thing is , monday night to tuesday morning 5 or 6 scrapes popped up within 40 yards of one of my stands. makes me feel a little better knowing the bucks are still sticking around.even though the big ones may have went nocturnal.  and it also tells me this pig is not much of a hunter when he has to trespass and screw with someones stand locations. must be even with the apples , salt and mineral blocks he puts out. he still doesnt have the setup or woodsmanship. Ran into a relative of his and got a little more of a scoop on him. must be a real a=hole when family cant stand ya. I just keep thinking, every dog has his day. also karma is a bitch.

[woodchuck]

How about this for dumb luck. I was out having a drink and got talking to a few people I know. One guy asks where I have land. I tell him where it is and he asks if I would like to sell a few acres to him for a hobby farm. I ask what he wants to do with it and he says  he wants to  raise pigs and some goats. So now I ask a funny question, do I sell a few acres off just to screw my a hole neighbors over and let them smell a pig farm? I laugh every time I think of the conversation. couldnt be more perfect for a bad neighbor.

[Jeremy K]

How about this for dumb luck. I was out having a drink and got talking to a few people I know. One guy asks where I have land. I tell him where it is and he asks if I would like to sell a few acres to him for a hobby farm. I ask what he wants to do with it and he says  he wants to  raise pigs and some goats. So now I ask a funny question, do I sell a few acres off just to screw my a hole neighbors over and let them smell a pig farm? I laugh every time I think of the conversation. couldnt be more perfect for a bad neighbor.

 

do I sell a few acres off just to screw my a hole neighbors over and let them smell a pig farm?

 

yes

 

[woodchuck]

do I sell a few acres off just to screw my a hole neighbors over and let them smell a pig farm?

 

yes

 

My thought is , is there anything worse than that? if there is I will hold out for it. what was offered $ per acre was good so I think its a no brainer

[woodchuck]

I am laughing and having a glass of DEVILS CUT as I type this.  GOOD STUFF!!!

[crappyice]

Ummm...bacon!