Does anyone let snowmobilers cross their property?

[left field]

This land we're looking at allows a local club to use and maintain a trail across a part of their property. The agreement is verbal. 

Aside from possible noise and garbage issues, my concern would be my liability. If a trespasser hurts themselves, that on them. If someone that Ilve allowed access hurts themselves, I believe I can be held liable. 

Any experience with this from either side? I have to think there are state laws in effect as the snow trails are extensive and probably on private land for the most part.

[Nomad]

This can be a hot topic here .

We do not , every year the club , contacts our attorney for permission and every he turns them down . The club , puts up trail marking signs , repairs any damage has insurance and so on , but there’s no benefit at all to the land owner, outside perhaps creating some goodwill .

He said it’s not worth the risk ( however small ) of some creative lawsuit . As a side note they trespass on my posted hunting land all the time during gun and ML season , so my opinion of them is not favorable to allowing any on our farmland .
 

Here’s a couple,emails from our attorney on the matter .

Edited August 24, 2021 by Nomad

[Jeremy K]

The land owner can not be sued if they let a club run the trail across their property . I want to say the club pays for insurance and it protects the land owner .  Also for hunting ,if the snow gets deep the first place you'll see the deer is on the trail.

[E J]

I let them cross two of my farms officially and one on an un marked trail. The club is always wanting to make sure we are happy about the outcome of the snowmobile season and make sure any trash is picked up. They know all it takes is one pissed off land owner to shut down some main trails.

[Jeremy K]

1 minute ago, E J said:

I let them cross two of my farms officially and one on an un marked trail. The club is always wanting to make sure we are happy about the outcome of the snowmobile season and make sure any trash is picked up. They know all it takes is one pissed off land owner to shut down some main trails.

All the clubs I'm familiar with bend over backwards to make sure the land owners are happy.

[Nomad]

1 minute ago, Jeremy K said:

The land owner can not be sued if they let a club run the trail across their property . I want to say the club pays for insurance and it protects the land owner .  Also for hunting ,if the snow gets deep the first place you'll see the deer is on the trail.

I’m more inclined to follow our attorneys advise ,on not volunteering an opening ,however remote .

[Cabin Fever]

Is there any "advantage" to allowing access that I'm missing? They cross my neighbors farm, but I don't like the disturbance that it causes to myself or unnecessary stress it might cause to the deer that were pressured all hunting season and now have deep snow and limited food availability to contend with.

[Fletch]

19 minutes ago, Jeremy K said:

The land owner can not be sued if they let a club run the trail across their property . I want to say the club pays for insurance and it protects the land owner .  Also for hunting ,if the snow gets deep the first place you'll see the deer is on the trail.

The land owner can not be sued if they let a club run the trail across their property

 

Anybody can sue anybody. Whether they win or lose some times does not even matter as if you need to hire a lawyer to represent yourself you already lost money.

 

It would be a hard no.

Edited August 24, 2021 by Fletch

[SpacemanSpiff]

We dont allow it on out farms yet every year idiots ride through anyway. It really pisses me off. How come you cant ride a four wheeler anywhere in this state but sleds can go anywhere including the road ways. Total BS! 

[WNYTRPR]

My buddy did out of Orchard Park ,lasted one season ...

[Chef]

This land we're looking at allows a local club to use and maintain a trail across a part of their property. The agreement is verbal. 
Aside from possible noise and garbage issues, my concern would be my liability. If a trespasser hurts themselves, that on them. If someone that Ilve allowed access hurts themselves, I believe I can be held liable. 
Any experience with this from either side? I have to think there are state laws in effect as the snow trails are extensive and probably on private land for the most part.

You are protected under NY state law if you allow recreation on your property. I personally wouldn’t want it but it may also be very hard to stop


Sent from my iPhone using Tapatalk

[Just Lucky]

No snowmobile riding on my property. My property is primarily for deer hunting and do not want the deer chased off.

I can not see any benefits for allowing snowmobile riding on my property. 

[left field]

Wow. Thanks for the quick answers.

One of the concerns would be being seen as the new asshole on the road/community who screwed up everyone's winter.

Like to generate some good will initially, but my lawyer felt the same way ... why? 

[Just Lucky]

1 minute ago, left field said:

Wow. Thanks for the quick answers.

One of the concerns would be being seen as the new asshole on the road/community who screwed up everyone's winter.

Like to generate some good will initially, but my lawyer felt the same way ... why? 

If you're known as the new asshole you will have a leg up with trespassers/poachers too. Reputation goes a long ways

[Versatile_Hunter]

27 minutes ago, Just Lucky said:

If you're known as the new asshole you will have a leg up with trespassers/poachers too. Reputation goes a long ways

Meaning trespassers/poachers don’t target assholes?

[Merlot]

There was an inquiry from a snowmobile club about crossing a section of Rod and Gun property we own, but we declined...but the people still cross over. Hard for us to control, except for the no trespassing signs we put up, then are torn down. I find bits and pieces of snowmobiles on the area that they use.

I'm sure the majority of people use their snowmobiles properly and on approved trails, but stuff we put up with has turned us off with co-operating with requests that occasionally come in.

 

[Just Lucky]

2 minutes ago, Versatile_Hunter said:

Meaning trespassers/poachers don’t target assholes?

Sure, people don't like confrontations.  The stories at the local watering hole will be " he's an asshole, stay away from there"

I grew up 35 years ago, where I live again now. Was gone for almost 20 years. And the same same stories about the same people/ families are told. Reputation has alot of weight. 

[Jeremy K]

1 hour ago, Fletch said:

The land owner can not be sued if they let a club run the trail across their property

 

Anybody can sue anybody. Whether they win or lose some times does not even matter as if you need to hire a lawyer to represent yourself you already lost money.

 

It would be a hard no.

I'm not arguing , i know how it works . 

[Jeremy K]

58 minutes ago, left field said:

Wow. Thanks for the quick answers.

One of the concerns would be being seen as the new asshole on the road/community who screwed up everyone's winter.

Like to generate some good will initially, but my lawyer felt the same way ... why? 

I've never heard of any stories of land owners being targeted for not allowing a trail. The club will start with surrounding neighbors to go around. It's usually not a problem for a club to keep land owners happy unless it's a shitty club.

[WNYTRPR]

13 minutes ago, Jeremy K said:

I've never heard of any stories of land owners being targeted for not allowing a trail. The club will start with surrounding neighbors to go around. It's usually not a problem for a club to keep land owners happy unless it's a shitty club.

We had a shitty club here .

[Jeremy K]

5 minutes ago, blackbeltbill said:

Being Pỏor,I have always wanted to own land.

   Now this issue above would get a solid - No Way from me. 

I see no advantages.

Free labor 

[bigpaul]

You pay the taxes on it, your rules!

[Nomad]

54 minutes ago, Versatile_Hunter said:

Meaning trespassers/poachers don’t target assholes?

To a high degree yes . The land owners with the most issues ( often they don’t even know ) are absentee land owners, elderly ones , and others who don’t keep an eye on their land .

Theres 3 landowners around us that everyone knows its just best to avoid trying anything on their land . One Mean Jean ,owns farm land that runs along my hunting spot, she’s known to stand outside with binoculars and confront hunters on her ATV. Ah but the Bully on The Hill takes it to another level, he’ll chase you down with whatever is handy, I’ve heard stores of shovels and shotguns , he’s a large man as well . He bought land that boarders ours , so I introduced myself , and we got along ok ,although I didn’t trust him at all, and I certainly didn’t set foot on his land  . Towards the end ( he moved ) he was running around the woods naked with a large knife in hand . 
 

In retrospect I should have hired him to run off snowmobiles .

[left field]

58 minutes ago, blackbeltbill said:

Being Pỏor,I have always wanted to own land.

 

35 minutes ago, Nomad said:

Towards the end ( he moved ) he was running around the woods naked with a large knife in hand . 

In retrospect I should have hired him to run off snowmobiles .

I see an opportunity for you, Bill.

53 minutes ago, Jeremy K said:

Free labor 

That's a fair point. And I probably could use a day or two of hard machine labour.

The asshole thing is a big deal as I'm already "from away" so I have that uphill climb. I would like to be as cordial and helpful to the neighbours as I can.

I'm going to call the club tomorrow but my guess is they'll be very nice which won't help my decision.

[Jeremy K]

10 minutes ago, left field said:

 

I see an opportunity for you, Bill.

That's a fair point. And I probably could use a day or two of hard machine labour.

The asshole thing is a big deal as I'm already "from away" so I have that uphill climb. I would like to be as cordial and helpful to the neighbours as I can.

I'm going to call the club tomorrow but my guess is they'll be very nice which won't help my decision.

You can express your concerns to the club , tell them to mark the trail at a specific speed limit etc. tell the club if you find its being abused you'll shut it down. Clubs will take the time to apply extra signs to let people know its a section of trail that could potentially be lost if abused ,of course you will always get assholes ,every group has them ,cars ,bikes sleds.