Posted Property

[ATbuckhunter]

As I was walking the river I noticed a lot of land that was posted, but I noticed some land did not have the name on the posted sign. I was told by the DEC to put my grandparents name and address on their posted signs when I posted their land a couple weeks back. I was wondering If anyone knows if that land is considered to be properly posted or not? I didnt enter the property regardless, but im just curious. 

[Zag]

Regardless if there is a name it’s still posted. 

[G-Man]

I was always told if you dont own the land your on someone else does, it falls to you to find the owner,  it's pretty easy to do nowadays 

[biggamefish]

You don't have to post your land with posted signs as i understand it. You can't just walk on people's property without permission.

[SpacemanSpiff]

To answer your question yes, you need to fill out the sign for it to be valid. I agree with everyone , if its not your land dont go on it. 

[ATbuckhunter]

I just want to say, that I did not go in and do not plan to go in. I was just curious if it is considered posted or not

[Farflung]

regarding the posting on Sterling Forest lands, When I worked for the state, we would occasionally have a adjacent landowner post the state forest or forest preserve. Sometimes they would use a fictitious name or no name at all. If we found out who it was, we would "counsel" them. Once they realized they could get their arse in a serious sling, the signs would disappear. Usually hunters trying to eliminate some competition or anti-hunters.

[Modern hillbilly]

I've been told no you don't need name and info... by different officers.

Trespassing is trespassing if it's posted or not. If it's posted and you get caught it's an automatic ticket. If it's not posted its a verbal warning then a second time you can press charges.

I'm willing to bet" private keep out " signs would work also.

The signs act as you/your agent in your absence. Its the same as you being there telling someone to leave.

[bigpaul]

Posted Property/Trespass

Posting Requirements

"POSTED" sign requirements are as follows:

• the posting law specifies the maximum distance between signs is 660 ft.,
• the minimum size of the signs is 11 inches square and the area covered by the printing is a minimum of 80 sq. inches.
• Signs can be no more than 660 feet apart.
• The signs should, however, be placed close enough together to be seen and at a height that is easily visible.
• Posted signs must have the name and address of the person authorized to post the property.
• Each side of all corners of the property must be marked with posted signs, so that corners can be reasonably ascertained.
• There is no requirement that signs be "seen," and in fact, the land is still posted for a period of one year even if the signs are illegally removed by unauthorized persons the day they are put up.
  • This illustrates the importance of seeking permission to enter private land, regardless of whether of not it is posted.
• You can be arrested for trespassing even if you did not see any posted signs. Your hunting license does not give you the right to trespass on private property. It is your responsibility to find out who the land owner is and ask their permission whether the property is posted or not. The New York State Penal Law makes it an offense to enter any land without permission.
• All property is owned by somebody. The lack of posted signs, fences or other man made objects does not imply that you may enter to hunt, fish or trap. It is your responsibility to obtain permission to enter private lands or waters. Public lands and waters may or may not have restrictions that can be found by contacting the municipality owning the lands.
• If you shoot a deer and it runs onto posted property, you do not have the legal right to go on the property to retrieve it. You should locate the landowner, explain the situation, and ask permission. If the landowner refuses, the hunter will not be able to enter the property. The DEC cannot compel a landowner to grant access. If the hunter has reason to believe that the landowner intends to illegally possess the deer, it should be reported to the nearest Environmental Conservation Officer.
• State land managed by DEC, including Wildlife Management Areas and State Forests are marked with DEC signs and usually open to hunting. For state held lands open to hunting see Places To Hunt or the current Hunting and Trapping Guidebook.

[wolc123]

Many poachers won't bother playing their game on land that is not posted.  To them, "posted" means "good hunting".  If you want to attract them, put up signs, and the more signs, the better the hunting must be.

It gets kind of like a dog chasing it's own tail.  A big waste of time, in my opinion.  Them signs ain't worth the paper they are printed on whether they are signed or not.  It is kind of like gun control laws.  You will keep out the honest folks who you wouldn't mind there any how, but you will give the hoodlums what they are looking for - less competition from honest folks.

[mlammerhirt]

Weird question or correct me if I am totally off......why all these requirements for posted signs when in the end private property doesn't need to be posted to keep trespassers off?

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[wolc123]

4 minutes ago, mlammerhirt said:

Weird question or correct me if I am totally off......why all these requirements for posted signs when in the end private property doesn't need to be posted to keep trespassers off?

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You dont see as many posted signs west of the Missisisipi.  It seems that easterners have a hard time knowing where they are and the signs help them out with that.

[biggamefish]

• You can be arrested for trespassing even if you did not see any posted signs. Your hunting license does not give you the right to trespass on private property. It is your responsibility to find out who the land owner is and ask their permission whether the property is posted or not. The New York State Penal Law makes it an offense to enter any land without permission.
• All property is owned by somebody. The lack of posted signs, fences or other man made objects does not imply that you may enter to hunt, fish or trap. It is your responsibility to obtain permission to enter private lands or waters. Public lands and waters may or may not have restrictions that can be found by contacting the municipality owning the lands.

I think this is the big take away from it. People own the land if it is not state owned.

[G-Man]

Soon nys will go to a purple paint law same as many other states. , I will say if you do post your land do it properly.check it 1x a year . I love when someone says I didnt see. A posted sign I came in thru the woods.. if its posted they had to pass a sign

[BizCT]

16 hours ago, biggamefish said:

You don't have to post your land with posted signs as i understand it. You can't just walk on people's property without permission.

+1. people don't post their backyards but you still can't walk on it. 

[grampy]

15 hours ago, wolc123 said:

Many poachers won't bother playing their game on land that is not posted.  To them, "posted" means "good hunting".  If you want to attract them, put up signs, and the more signs, the better the hunting must be.

It gets kind of like a dog chasing it's own tail.  A big waste of time, in my opinion.  Them signs ain't worth the paper they are printed on whether they are signed or not.  It is kind of like gun control laws.  You will keep out the honest folks who you wouldn't mind there any how, but you will give the hoodlums what they are looking for - less competition from honest folks.

I am normally one the nicest guys you will meet anywhere. Until I catch you trespassing!!!  And it usually only takes one meeting, before someone realizes that I'm a real prick. And that it's not worth the trouble to come back, and go through it again. Or......they just find a more secluded spot to get in???  That's happened too, and they were again caught and escorted out to a waiting LEO.

It's a never ending battle, when your property borders state land.

[The_Real_TCIII]

We dont have enough information, for example; did you hear a gobble?

[Culvercreek hunt club]

16 hours ago, ATbuckhunter said:

I just want to say, that I did not go in and do not plan to go in. I was just curious if it is considered posted or not

yes it is poste. BUT it isn't legally posted. This comes into play when trying to prosecute a trespasser. 

 

Legally---Catch some one on your land (unimproved) and it isn't legally posted and you must officially notify that person (like certified mail) that they were trespassing. If they do it again they can be charged.  If it is posted appropriately then they can be charged at the first offense. 

Ethically---If you don't own it, someone else does and you don't go on it without permission. 

 

[crappyice]

+1. people don't post their backyards but you still can't walk on it. 

What about when you are playing manhunt? All backyards are fair game!


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[wolc123]

13 minutes ago, grampy said:

I am normally one the nicest guys you will meet anywhere. Until I catch you trespassing!!!  And it usually only takes one meeting, before someone realizes that I'm a real prick. And that it's not worth the trouble to come back, and go through it again. Or......they just find a more secluded spot to get in???  That's happened too, and they were again caught and escorted out to a waiting LEO.

It's a never ending battle, when your property borders state land.

That is definitely what it takes, presence and follow thru. A neighbor like that has eliminated all the trespassing issue over at my folks place.  He bought the land between where all the trespassers come from and their place. 

Prior to him moving in, my half-assed posting attempts never slowed down the trespassers.  I have not seen a one since "the prick" bought the field ut back.  The hunting over there is a ton better than it ever was, since he moved in.  He real nice to me, since my folks own the woods on two sides of his field.

Edited October 20, 2020 by wolc123

[Modern hillbilly]

15 hours ago, mlammerhirt said:

Weird question or correct me if I am totally off......why all these requirements for posted signs when in the end private property doesn't need to be posted to keep trespassers off?

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Because the posted sign requirements that everyone keeps regurgitating off Dec is the paraphrase of the environmental conservation law or "ecl". There is also nys penal law, Wich is more broad and explicit to trespass. Dec officers as well as other LEOs enforce the penal code. I think Dec does this to broaden discretion and the abuse talked about of someone else posting property that isn't theirs.

Its all weird and kind of stupid. I compare it to doing 5 over the speed limit they can still charge you...I called Dec about a bridge/culvert in a waterway, it's permits and clarification of regulations and they said we don't enforce it....I imagine if a developer did something it's on the books if enough people didn't like it.

I found this looking for the actual penal law and ecls.

http://www.girvinlaw.com/personal-injury-lawyer-albany/what-the-law-says-about-no-trespassing-signs/

[Modern hillbilly]

48 minutes ago, G-Man said:

Soon nys will go to a purple paint law same as many other states. , I will say if you do post your land do it properly.check it 1x a year . I love when someone says I didnt see. A posted sign I came in thru the woods.. if its posted they had to pass a sign

I saw the proposed law, blazing purple with a spray can would be much easier than signs, it would be less unsightly as well.

[Culvercreek hunt club]

3 hours ago, Modern hillbilly said:

Because the posted sign requirements that everyone keeps regurgitating off Dec is the paraphrase of the environmental conservation law or "ecl". There is also nys penal law, Wich is more broad and explicit to trespass. Dec officers as well as other LEOs enforce the penal code. I think Dec does this to broaden discretion and the abuse talked about of someone else posting property that isn't theirs.

Its all weird and kind of stupid. I compare it to doing 5 over the speed limit they can still charge you...I called Dec about a bridge/culvert in a waterway, it's permits and clarification of regulations and they said we don't enforce it....I imagine if a developer did something it's on the books if enough people didn't like it.

I found this looking for the actual penal law and ecls.

http://www.girvinlaw.com/personal-injury-lawyer-albany/what-the-law-says-about-no-trespassing-signs/

This is from NY Penal law 140

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. 

[Einsamer Krieger]

Private Property

Riparian Rights

Trespassing

The Environmental Conservation Law (ECL) (leaves DEC website) does not allow hunters to enter private property without permission or to use private property to access public lands and waters. Hunters must avoid using private property for access to public lands and waters and must not enter areas posted with a warning for trespass. Trespassing is illegal even on unposted property. At any time, anyone asked to leave a property (posted or not) by the landowner, occupant, or authorized person, must do so immediately.

If a hunter wounds game, they must obtain permission from the landowner prior to accessing the land in pursuit of the wounded game. If permission is refused, the hunter may not access the property in pursuit. DEC cannot compel a landowner to grant access. If the hunter has reason to believe the landowner intends to illegally possess the wounded game, that should be reported to a NYS Environmental Conservation Officer.

Trespassing on areas posted against trespass pursuant to the Environmental Conservation Law is punishable by a fine of up to $250 and/or up to 15 days in jail.

[Nomad]

4 hours ago, G-Man said:

Soon nys will go to a purple paint law same as many other states. , I will say if you do post your land do it properly.check it 1x a year . I love when someone says I didnt see. A posted sign I came in thru the woods.. if its posted they had to pass a sign

I,let a friend turkey hunt, he said guys were coming onto the property across this one hedgerow. I had a sign on a tree there , so I put two additional ones on fence posts and drove those into the ground on each side of the little path they walked on . This was well onto our side and you had to walk between them just a few feet apart .

I sat nearby the next Saturday and waited , here comes a guy, he stops ,glasses my buddy’s blind, then a crosses over .

I come over , he claims he thought  he was still on the other farm .....

He walked the property line passing at least 10 signs then crossed over walking between 2 .