Multi Land Owner's Rights

[obxguy2000]

Hey guys! Does anyone know if any charges or civil suits could be filled against a land owner that purposely dug a trench across a path or hung a black cable across a trail which caused serious damage to a rider or vehicle? There were no signs or markers, no keep off property signs, and no communication with anyone with their plans or concerns with the many kids and/or adults that rode the trail on a daily basis for several years. Can't go into any details, but was wondering if anyone ever experienced this as a land owner or as a "trespasser"?

 

[Admin]

 

[d_b]

You can file a civil suit against anyone anytime, just suffer the consequences if invalid. Just maybe the the signs were tore down twenty minutes before you got there, just saying as a land owner.

 

[obxguy2000]

Very good point about the missing signs d_b. It would be impossible to prove no signs or warnings were put up. One would also have to consider the fact that no one had permission to be on the property. Just because trespassing signs are not posted does not give one the right to be on the property.

 

[d_b]

I'm sorry anything happened to anyone, I would never do those things. However I know who's on the property per written notice only. Not all people are evil but there are those that ruin it for all unfortunately. I'm not saying to not take legal action, wire's across trails are way wrong and not legal even on private property, but proving the land owner did it. That's the problem you have.

 

[joeymt33]

I use cellular enabled wildlife cameras to patrol my property. If someone crosses into my property, I get an instant text message with a picture of their vehicle. I've seen people on foot, on horseback, SXS's, quads, etc. They're surprised when I meet them in the trail and show them a picture of them on their vehicle with a time stamp. That word gets around quick to the other riders in the area.

 

[allgm1]

In NH, the law says (i'm pretty sure anyway) that there has to be a sign posted saying that the trail is open for atv/whatever. If there is no sign , then you can't ride there, to many people remove no trespassing / no atv signs and ride on anyway. I don't know what happens when they put up a cable or dig a ditch without any warnings, but it is their property and as a riders we are responsible for making sure we ride in designated areas.

 

[Plumber32]

You can't intentionally trap or hurt someone. Which a cable would definitely be a trap ect, why not a gate? Some time back a guy set a trap in his shed here in Wi. Set a shotgun in a vise with a string from trigger to the door, along with a sign that warned of being shot. I'm guessing he's still in jail cause someone got shot I remember. I think it was a kid looking for gas if I remember correctly. You do see cables once in awhile but they have orange flags attached. And I'm Sure you have a responsibility to make sure of it's upkeep .

 

[swsebek]

Anyone who does that should be beat with the cable and thrown in the hole.if not for intent to harm,then just for being stupid.

 

[bob3663]

Maybe he has had issues with people being destructive and is at wits end? I live in PA and our trespass laws are a joke. As a land owner it is very frustrating. To put a trap up is beyond wrong. I have lost count at how many people we have thrown off our property because of trespass. All we ask is they get permission so we know who is there. Hanging a wire is not well advised.

 

[d_b]

Just saying...Maybe it wasn't the land owner that put up the cable ??

 

[BamaBoundSteve]

Just saying...Maybe it wasn't the land owner that put up the cable ??

Friend of mine who shared a story about a guy who tried to set up a landowner by doing wires across a trail. Detective worked and proof saved him alot of headaches...

 

[ohanacreek]

About a decade ago there was a landowner who got tired of kids riding ATVs across his property, destroying things and causing general mayhem while they were there. He tried gates, signs, berms, every kind of obstruction possible short of a berlin wall. They didn't stop he tried being civil with the parents, they were obviously bad parents by the way their children behaved and that didn't help. He finally lost it and shot all of them one day when they stopped to pull another gate down .

Needless to say he only has @80 sqft to worry about these days.
Moral of the story is everyone needs to be civil, you don't have to like or respect anyone but you need to behave.

I have gates that if torn down or pushed over there is INTENT and heavy equipment required, I check my No trespassing signs about once a week, and also have cellular cameras set up like @joeymt33. I am not going to jail to keep you off my property but I will make sure that you do and at least attempt to make you pay me for any damages.

 

[Sxsnewbie]

Ignorance is no excuse to the law