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Confronted a trespasser yesterday.


blackradio
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There is a good sized empty lot near where I live. I got permission to hunt it about a month ago and the owner says he doesn't know of anyone who has permission to be there. The place has been riddled with people on quads for years but I haven't seen anyone since I got permission. 

 

I was about to head out in the woods yesterday and heard a quad coming down the road so I looked outside and saw a quad going around the locked gate and onto the property. I threw my shoes on and ran up the trail. The quad started coming back down the hill and I stood on the trail and met the rider and his 5 year old son between his legs coming down the trail.

 

I asked the guy if he has permission to be on the land and he smirked and said probably not. I told him who I was and I'm trying to keep trespassers out as I have permission to be on the land. He introduced himself, shook my hand and said he was a cop, a DEP cop.

 

I said "ok, welp, still trying to keep out trespassers"

 

He said "well I've been riding here for 16 years and you're the first one to confront me but yeah, if I see anyone I'll tell them to get off"

 

I said "no, that's ok, I have a good eye on the place and would rather you just stay off"

 

He said again "well I can definitely help you patrol" and again i refused. 

 

He then talked about how his kid loves to ride but they don't have property to ride on and that he's a bowhunter too blah blah.

 

I told him again that the homeowner doesn't want anyone else on the property.

 

Then he said "alright, I'm going to ride through the field here and take the road back. Want a ride?"

 

I refused and he was off. I went back home and saw him speed up the road a few minutes later. He knows where I live now and I know his name and where he lives too. 

 

I've see this guy many times on the property and it's always him with his little toddler, riding on the road with no helmets and trespassing. He should know better being a DEP cop. 

 

I feel like I will see him again and he will say that he is helping me patrol or something. 

 

It pisses me off because I wanted a quad since I was a kid but I don't have property to ride it so I never got one.

Edited by blackradio
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I have a feeling you are not going to like what I have to say.  First off, I feel your frustration and agree with you 50%.  Like I said, I agree with you.

 

Here's where I don't agree.....  You did get permission which is of the upmost importance.  However, you need/want a place to hunt close to home because of the convenience and ease of hunting.  You are trying to police a parcel that Is not yours...  Plus you said the land owner says "he doesn't know of anyone who has permission to be there", what the heck does that mean...???  You know or you don't know. 

 

Unfortunately you are going to have to police this property CONSTANTLY!!!  It seems as if you are more concerned then the land owner himself.  I don't know you or your circumstances.  If you are fortunate and healthy enough invest in your own property, it will save you from a boat load of headaches and frustration.  Just my opinion!  V/R .........

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Just catching him and stopping to talk may be all you need to do. If you catch him again, then you have to take the next step.  If he's a DEP cop in the area, find out the headquarters and write the head guy a letter explaining the problem and the attitude of one of their officers.  CC the head of the department for NYS and ask for a response back.  Make sure you talk to the owner first before going through the whole thing.  If one of their own is breaking the law, then maybe you'll hear something from them.  Is the property posted ? If not, ask the owner if you can post the property.  He still has no right to be on the property even if it's unposted.  

Also, make sure your license is on you at all times when hunting and watch out for any of his "buddies" hoping to catch you doing something.  I'm sure he has some connections somewhere. 

 

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I looked his name up, he is a DEP cop. 

 

I'm not really policing the property. I'm only home during the day on the weekends. The owner lives in a different county. When I was asking permission, I told him I'd keep an eye on the place if he lets me hunt. So that's what I did. Problem is I did things the right way in asking for permission and everyone else trespasses.

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If it goes any further than when happened yesterday, I'll call the owner and see what he wants to do. Really wouldn't want to call the cops because the landowner could just decide it's too much hassle and kick me off. The property is well posted but not with the current owner's address. He bought the property 2 years ago and left the previous owners signs.

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I understand where you are coming from but honestly, I feel that you may be trying to over enforce rules here. I would be happy enough with permission and hunt and and stay out of the policing tactics. That's just me, it all depends if the land owner really wants people off his property, then it's a different story.

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We got the boot from a property we had permission to hunt this year because we confronted someone that the land owner never told us about. When we told the land owner, they said "oh yeah we forgot abot him and he has been there for ever-you pissed him off and he is a neighbor so YOU are gone!" Mind your business which is to hunt someone else's land!!!

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I also agree with cuse, and beside if he has been riding on it for years then the deer are use to the noise. Maybe you should work out his riding hrs around your hunting for now. I thought he was not going to be a cop since he was doing what he knew was wrong

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I understand where you are coming from but honestly, I feel that you may be trying to over enforce rules here. I would be happy enough with permission and hunt and and stay out of the policing tactics. That's just me, it all depends if the land owner really wants people off his property, then it's a different story.

I disagree. Many landowners grant permission because they would rather have a select few use their land responsibly and hope that they will confront in an orderly way,  or if needed report, trespassers.

 

This guy is not a cop and seems to think he is a tough guy or has an issue with an over sense of entitlement. You never want to let these confrontations escalate, especially if you have a gun and/or he has a child with him. Solution: use your video camera, The macho cops might not be to turned on by a trespasser, but someone with the audacity to claim he is one of them will get their hackles raised and veins bulging,,, Should have caught some film AND audio  OF HIM SAYING HE WAS A LEO... Get 'em talking and get it taped. you just ask incriminating questions the dumb azz wont even know whats going on. Post it on you tube BeFORE you call the law, just send the cops the link with your contact info...

 

Clarification: the landowner can authorize you to make trespassing complaints or tell people to leave. The landowner can authorize you to post his land and put your own name , address, phone number on the posted signs,,, AND: don't let confrontations get heated, people with that mentality have a huge sense of entitlement and since they don't respect others property rights don't expect them to respect any law or any person.. Record, question, post, complain...

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I'm semi related to a DEP officer in northern Delaware county. A stand up individual.

I agree that you should rack up some evidence and make your way over to the precinct for a sit down chat with the officer in charge. This guy of anybody should know the laws he's breaking.

 

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talk to the landowner and explain to him what happened and find out exactly how far he is willing to let you enforce the trespassing problem. I would guess if he really doesn't care about what's going on, and is not willing to give you the authority to enforce it, you're gonna have to live with it...........I belonged to a hunting club that had a lease for 25 plus years, lost it when one of the members went a little to far confronting a person he found on the property, turned out to be the property owner's cousin who had permission to be there (we only had exclusive rights to bird hunting).

Edited by jjb4900
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I have a feeling you are not going to like what I have to say.  First off, I feel your frustration and agree with you 50%.  Like I said, I agree with you.

 

Here's where I don't agree.....  You did get permission which is of the upmost importance.  However, you need/want a place to hunt close to home because of the convenience and ease of hunting.  You are trying to police a parcel that Is not yours...  Plus you said the land owner says "he doesn't know of anyone who has permission to be there", what the heck does that mean...???  You know or you don't know. 

 

Unfortunately you are going to have to police this property CONSTANTLY!!!  It seems as if you are more concerned then the land owner himself.  I don't know you or your circumstances.  If you are fortunate and healthy enough invest in your own property, it will save you from a boat load of headaches and frustration.  Just my opinion!  V/R .........

 

Agree 100%.

 

Trying to "manage" someone else's property so that you can be the sole hunter or person who uses the property is a thankless and eventually fruitless proposition. At the end of the day, this is still the landowner's decision, and eventually someone else will get the OK to hunt there or ride quads as well. Give the landowner too much grief and you'll wind up getting the boot, and have to start all over again somewhere else.

 

As mentioned, the only way you'll ever have complete control will be to buy your own property, or lease some land and get a signed contract stating you have sole permission to be there.

 

Good luck!!

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The first step should be contacting the landowner and finding out exactly how far he is willing to go with allowing you to enforce the trespassing problem..........he may very well turn around and say it's turning into too much of a hassle and tell you to stay off as well, I've been there.

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I think trying to work it out with this guy would be the best route....I understand the trespassing part but he's a member of a certain fraternity that could result in constant ball busting by him or his coworkers.

It's a tough call, do what you feel is right, but I'd definitely ask the owner what he wants to do. Maybe he knows the guy. Or maybe the previous owner allowed this guy to go on the land.

Sent from my iPhone using Tapatalk

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I agree with the folks who said to talk to the owner, if he doesn't care then you have zero chance of changing anything.  And if he does care and says you can patrol, run people off, etc then get that in writing with his name, address, contact information, signature and date stating that you have the authority to "police" the property and are acting on his/her behalf.

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ok thanks guys. Good discussion. When I see him again I think I will tell him that I'm not going to say anything if he uses the property other times of the year but I would really appreciate it if he stays off during hunting season, which him being a hunter, he should have no problem respecting. He only lives 2 houses down, maybe I'll send him a letter. Really don't want to have problems with people but it is frustrating.

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I wouldnt send a letter. talk to him face to face. Just because he is a LEO doesnt make him god. If all the sudden you are being pulled over all the time and you are have a  clean driving record then I would write down dates and times of being pulled over and voice record the stop. Harrasment charges against a department would put a stop to "ball busting".  

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go talk to him in person, it doesn't really sound like you had a bad encounter with him........sounds like he was doing what every other person does when trying to get the ok to use private property, they offer to help out in any way possible........just because he identified himself as a LEO, doesn't mean he's going to break your balls about stuff.

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