Trespassing video who's in the right who's in the wrong

[Northcountryman]

Seemed like decent, respectable young men to me; I think it was an honest mistake. Looked like a faily good sized river too; can the landowner really own all the way out to the middle of it? I dont think so....

[phantom]

I believe the kids saw trespassing signs and just figured out a way around them to get to that point they took a messed up path where most  would not  be able to go like the old guy said . Not likely they got to that point with out noticing the 100 posted signs that you know !!! Grumpy old man put up . But still the owner should just told them to please leave with out talking so much .

 

 

[phantom]

8 hours ago, farmer 52 said:

https://www.dec.ny.gov/outdoor/9924.html

Looks like my thoughts aren't correct.Just read this dec writing and some landowners do actually own the water.Maybe this guy did own the water,I  am afraid we will never really know.

Yea you be surprised they got people that the land has been in the family for 100 200 or more  years when you could claim or buy crazy amounts of land with the river  for almost nothing thats how it happens .

 

[G-Man]

36 minutes ago, phantom said:

I believe the kids saw trespassing signs and just figured out a way around them to get to that point they took a messed up path where most  would not  be able to go like the old guy said . Not likely they got to that point with out noticing the 100 posted signs that you know !!! Grumpy old man put up . But still the owner should just told them to please leave with out talking so much .

 

 

I would disagree I can show you many properties posted on road frontage and nothing back in the woods. If they entered from state land they wouldn't see a sign  again a 4 mile walk in along a river they said .. idk they seemed to have a GPS and knew a falls was there so they followed it.  

[Kmartinson]

In ny even if you don't see signs on the property does not mean that you can walk across the land. It is difficult to prosecute someone if it's not posted however after they are warned they are subject to prosecution if they return. That's why you always call an officer when someone is tresspassing to have official documented removal of trespasser. 

[New York Hillbilly]

11 hours ago, Paula said:

If that one kid felt scared he should have told the guy to please call the DEC and cops.

Agree. In fact, after clearly stating it was an accident and apologizing, and with the video as proof, I would have stated as they did, "I feel unsafe" but then followed by, "your aggressiveness is threatening to me, and I am leaving", "if you continue to pursue me I'll call the police myself" and them quietly walked away. 

Their biggest mistake was prolonging the interaction. That could have ended very badly had it escalated. 

I have encountered trespassers on my property over the years and made them aware they were not welcome, but until and unless I was spoken to like an a$$hole, I felt no need as the landowner to act like one. 

 

Edited February 16, 2022 by New York Hillbilly
spelling

[phantom]

3 hours ago, G-Man said:

I would disagree I can show you many properties posted on road frontage and nothing back in the woods. If they entered from state land they wouldn't see a sign  again a 4 mile walk in along a river they said .. idk they seemed to have a GPS and knew a falls was there so they followed it.  

True I guess it's possible but you know judging from the reaction of the landowner who must know the area pretty well he was kind of very skeptical you know I'm just going off that and what he was saying but who knows with out going there ,  that's why you just got to be like look this is my property please leave with out saying too much. You know most guys will take the eaay way in , also you got to think if they used  a  GPS to get in with out trespassing ,  why didn't they know that spot  where they were  standing on , when the land owner caught  them was not his property? The GPS should show that at least mine does .

[The_Real_TCIII]

That guy having a backtag in his waders was odd lol. I know in NJ you have to display your license so thats probably it. Also those kids were dead wrong and then call the guy an "angry male Karen"? Get off his land, with an apology


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[knehrke]

Trespass laws differ vastly depending on state, particularly in waterways. We were fishing Wyoming one time, where we often use a topo map to identify remote water, and we had a guide with a couple sports come up to us and say, "How'd you guys ever manage to get all the way up here?". Turns out that it was his honey hole, and in fifteen years he's never seen another person. He was cool about it, even warned us that when the stream entered a ranch it became off limits, and the rancher monitored his property closely. Sure enough, we had a guy on a 4x4 watchin us fish as we approached the barrier...which was clearly marked. They take their land and water rights serious out West.

[Five Seasons]

didn't watch the video, but water like this is considered navigable water ways. It doesn't matter who owns the land, everyone has the right to be on the water. Which is just to say that nobody owns a river or lake unless of course said body of water is completely enclosed by private land and even then, technically you could helicopter in and be "on the water".

The whole navigable water thing has come up a lot recently in courts as drainage ditches and what not have been considered navigable. There was a trump era debate on some bill that escapes me that would have undone some of this, but not for trespassing reasons. It would have affected this though

Edited February 16, 2022 by Belo

[grampy]

Over the years, I've had contact with so many trespassers. AT first, I try to be cordial but not overly friendly. I simply state you are on private property, and I'm asking you to go back the way you came. Inevitably, most will say Sorry, I didn't see any posted signs. We literally have hundreds of them up, and replace dozens each year that are ripped down by wind or other means. Very little chance anyone got where they are without seeing a sign. So at that point I simply tell them I am now the posted sign, asking them to leave. 80% at that point, will say sorry, and leave. 10% will argue a little bit, where I still try to stay calm and and firm, while showing them the closest way out. The last 10% are the ones who start yelling and acting like dicks, and refuse to leave, saying they are right, and I am wrong. At that point, I'm no longer friendly or cordial at all. And call for back up in the way of my partner, DEC, a local LEO, or all of them. Had this happen last deer season. With a dirtbag refusing to leave, sitting in one of our ladder stands! Three citations from DEC later he vowed to never come back!! Cool....... Could have saved yourself a bunch of trouble by just leaving when I first asked. 

[WNYTRPR]

Per NYS 

[Nomad]

Speaking of out West , many years back we were hunting some BLM land in Montana when a couple guys rode up on horses, asked if we were hunting, yep, with who ? Just us. Well you’re on my land !

Now my fiend I’m with is an attorney out west and active in hunting and environmental law…. He tells the guy according to our map we’re on OUR land as it’s BLM land owned by the Gov for all to use . See these ranchers all graze their cattle on it for free and think it’s theirs .

So Mr Ranchers bluff fails , but he says well you had to cross my land to get here . Of course my buddy says , it’s called an easement by necessity .

Well rather then argue any more with rancher and his workers we simply left.

On the way back we passed by a Ranger station, stopped in and told out tale mostly to see how  things worked around there  . They said did he shoot at you ? Nope, we’ll consider yourself lucky …

We we’re 100% within the “ law” but not the “ code of the West “ I guess .