Atv riding trespassing vandals

[Gizmo285]

The biggest part of the phone book is lawyers in the yellow pages. This being politically correct and hurting others feelings is starting to get to me. You work and look what you're paying for. Do you think the thugs have medical insurance when they go to the ER after getting shot? You pay. They have to treat you insurance OR NOT. Truth hurts and thanks for letting me rant..

[Jason118]

There is a tree down forcing them to ride threw your land? Why not cut the tree out of their way??

[Lawdwaz]

There is a tree down forcing them to ride threw your land? Why not cut the tree out of their way??

 

Brilliant idea. 

[Chef]

There is a tree down forcing them to ride threw your land? Why not cut the tree out of their way??

. There is one very big tree would require chain saw and something to move it, there are also numerous small trees, Besides that, there is a very steep section that only expirenced riders can make it up. Going through or property is the easy way and will be used if given the choice.... They have been doing it for years and nothing stops them

[Lawdwaz]

A chain saw would happily cut that tree into many little "easily managed" chunks of wood called "logs". They are awesome little tools/for tools.

[HuntOrBeHunted]

We use 5 foot gates with a cable lock to each tree. Posted signs on the front. Luckly there is no longer a problem they stay on state land and don't even come up that trail much anymore since it leads to a closing.

 

Hope you can get it worked over peacefully and have no further problems.

[reeltime]

i would NOT recommend a cable or rope, no matter how many ribbons you tie on them.  a gate would be my first choice and can be purchased fairly reasonable from tractor supply.

 

You most certainly have to be careful doing anything that could be construed as a means of causing personal or property damage.  While it does stink that in today's society it seems the criminals have more rights than the victims, it is what we have to deal with until things change. 

 

We all want to do things to keep those machines off our property but remember doing something like spike boards, cables, chains, covered ditches, whatever people can think up may be fun to think about, do, brag about etc.... BUT let some kid get killed or worse yet maimed for life and YOU have to live with that the rest of your life, on your conscience, through the courts and maybe even in jail depending on the circumstances.  

 

set up a trail camera, get plate numbers, descriptions, pictures, dates and times and allow the police to handle it, they get a few trespassing and property damage tickets they will find another route and word will get out to stay off your land.

 

[Doc]

GOL 9-103 does not totally exclude the liability of landowners toward recreationists. Assuming no fee is charged, the statute states that the landowner owes no duty to keep the premises safe for entry or use by recreationists pursuing the listed activities, or to give warning of any hazardous condition, use of property, structure, or activity on the property to persons entering for recreation. It also states that farm owners or lessees have no duty to keep their farms safe for use by recreationists or to give warning of hazardous conditions or uses of the property. However, landowners are not protected if they intentionally harm a recreationist, or if they "willfully" or "maliciously" fail to guard against, or warn recreationists of, a danger on the property.

 

http://www2.dnr.cornell.edu/ext/info/pubs/LegalFinancial/liability_boundary_posting.htm

 

[Doc]

What a world. Every one cowers to the lawyers.. Grow a set. May the best lawyer win.

Ha-ha-ha ..... I guess as long as you are not the one paying the lawyer bills and the settlement, that advice is pretty easy to give. It is amazing how the attitude changes when you find out you are being sued.

[Chef]

GOL 9-103 does not totally exclude the liability of landowners toward recreationists. Assuming no fee is charged, the statute states that the landowner owes no duty to keep the premises safe for entry or use by recreationists pursuing the listed activities, or to give warning of any hazardous condition, use of property, structure, or activity on the property to persons entering for recreation. It also states that farm owners or lessees have no duty to keep their farms safe for use by recreationists or to give warning of hazardous conditions or uses of the property. However, landowners are not protected if they intentionally harm a recreationist, or if they "willfully" or "maliciously" fail to guard against, or warn recreationists of, a danger on the property.

http://www2.dnr.cornell.edu/ext/info/pubs/LegalFinancial/liability_boundary_posting.htm

. So does that mean that if I put signs that say warning spike strip ahead I am covered! Cause then I would be warning of the danger? Don't worry I'm not going to put spikes or hurt anyone

[ELMER J. FUDD]

You're using the wrong signs.

[moog5050]

so you are saying that If someone trespasses on heavily posted property and got hurt that they have the right to sue I highly doubt that

 

 

You do realize the person giving you the warning (not legal advice) is also a law clerk in the appellate division fourth department.  Someone getting hurt on posted land vs. being hurt by a trap you set are two different scenarios.  Win or lose in litigation, you are opening yourself up to the risk.  Some other highly visibly obstruction with warnings would be a much better option.

[Nomad]

Well I love lawyers, my hunting partner , my friends wife, brother in law and nephew.

I highly recommend traveling and hunting with one. Everything from upgraded rooms in the Dominican Republic ,To explaining to a rancher in Montana that no he does not own the land we're hunting on its, BLM land and while he can graze his cattle there, we be hunting it as well.

Paid for our wills,poa and that other one I forget with a treestand.....

When the computer store at the university where our kids went to school said I threatened their employee one phone call to my bil and it ended. Best part was the store called me back and said that I was right and the computer was indeed covered , see no need to get the cops involved I told them. Ha ha

Edited October 26, 2015 by Larry302

[Chris B]

Put signs up on the edge of your property on the trail that says "Trails closed October-January for hunting season" or something like that. That is was what the landowners do on the trails I ride and it seems that they do not have a problem with guys riding on their land during hunting season. This may not be the case for everyone but I think it's a good start. Maybe you can talk to the other landowner where you hunt as well and see if they will let you do the same thing on their land.

 

I will add that I hunt my family's property behind my house and we have had problems with quads and bikes riding on the land while we are hunting for many years. This past season we put signs up on all the trails that come into the property and I did not witness a single person riding while I was hunting last year.

[Five Seasons]

The internet where dumb people advertise their dumb decisions.

The internet where everyone has a legal degree.

 

good lord...

[Five Seasons]

so you are saying that If someone trespasses on heavily posted property and got hurt that they have the right to sue I highly doubt that

 

You have to make a reasonable attempt to prevent access, and signs aren't considered reasonable. For example if kids get into your pool and drown you're liable. Unless you have a fence. Once a fence goes up, you've generally done your part and the trespasser has now bypassed it.

 

Should someone get lost on your property and fall down an old well you didn't properly cover or secure you're generally liable.

Edited October 26, 2015 by Belo

[growalot]

So It would have been good had your wife snapped pics of these guys when she stopped them...if they are kids having  little posters of their mugs a with  a have you seen these 4wheeling trespassers?  Please call  and a #........ Put them up in the post office but especially the local store bulletin board or the American legion ...the gun club or any business bulletin boards...ect..ect...because if MOM and DAD see this or hear about it you may have the situation taken care of. If adults well point made.

[Five Seasons]

the local store and legion? how big is your town? lol.

[growalot]

my town is so small it doesn't have a local store,gas station and they even closed our post office this summer....But we do have a gun club legion and a 6 table dinner...

Edited October 26, 2015 by growalot

[Nomad]

These guys weren't hard to track down , what with the orange Mohawk and all.....

[growalot]

PS when I say local...it needs to include the surrounding towns that we all have to go to to get anything....15 to 20 min drive in any direction.

[Chef]

So It would have been good had your wife snapped pics of these guys when she stopped them...if they are kids having little posters of their mugs a with a have you seen these 4wheeling trespassers? Please call and a #........ Put them up in the post office but especially the local store bulletin board or the American legion ...the gun club or any business bulletin boards...ect..ect...because if MOM and DAD see this or hear about it you may have the situation taken care of. If adults well point made.

It was 3 kids and a adult, the kids drove right by when she tried to stop them, the adult stopped and at the end of their conversation he said he would TRY not to cross the property. Her response was don't try, just don't do it

[stoneam2006]

My .02 for thought may not be right may not be what some landowners want to here but as I ride I kinda get the riders thinking...every spring spring we deal with down trees that end up making us go different ways maybe thru the woods maybe thru adjoining property just to try and get back to the trails....as said in another post maybe use the riders to your advantage offer them use January thru Sept if they maintain trails and post the property in a legal Manor as well as respect your rules...stay on trails stay out in those months fulfil requirements for access...you would be surprised what we would do for access to some property's to ride thru...really might be helpful if you ever get stuck or need help with something on property...I have made some really good tradeoffs with landowners for ability to ride there and I think it bennifits them more than me as I don't use it more than a few times a year...as a rider doing something to harm another rider would not be they way to approach this really could get someone seriously hurt...and if they don't follow your rules and requirements you will have name and address of them and easier to tell them no and then press charges as needed....by just chasing them off the problem will never get solved unless you can get a officer to actually Catch them in the act....again just my .02

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[WNYBuckHunter]

So now we have this guy wanting to set booby traps, saying he should be able to shoot people for stealing treestands, etc.....nice. I wonder why so many people stereotype hunters as Elmer Fudd.

 

(no offense Elmer)

[Chef]

So now we have this guy wanting to set booby traps, saying he should be able to shoot people for stealing treestands, etc.....nice. I wonder why so many people stereotype hunters as Elmer Fudd.

(no offense Elmer)

. If you read the whole thread here you would see that shortly after I posted that I replied and said that I had calmed down and would not be putting up booby traps..... And they did not just trespass. They trespassed and then after they were told to leave the destroyed something on our property. No one is getting shot or hurt, but a gate will be put up to prevent people from coming on yo the property and a very small remote video camera will be hidden facing said gate to catch any one who cuts the lock.