Tresspasing .........
New York
I just warned this guy last weekend about being to close to the line... He just doesn't get it
I have them too , they ripped a metal posted sine off of a tree also some plastic ones and stole a new plastic wedge I had in a tree to keep it from falling the wrong way.
I'm confused, you state, "too close to the line" ? Private property rights go all the way to the line. If they are not over the line you do not have an issue.
His ladder stand was 20 yds from my property facing it. The pictures are him standing in front of one of my stands about 80 yrds into my property. He's trying to hunt a 1 acre parcel belonging to a older lady. All my posted signs are gone and survey tape. You know dam well he would shoot a deer if it was side. I don't want to have to deal with this crap if he shows up saturday
Good luck with the trespassers.I leased a small parcel out in Suffolk County two seasons ago and had the displeasure of dealing with them all season.Had one guy get in my face and claim that he and his buddy have been hunting here for years and my signs needed to be updated.Had trail cam pictures of one guy dumping a bag of feed..No baiting allowed..and even had photos of a nice group of guys having target practice with their hand guns..founds lots of 9mm casings on the ground. Not really supposed to shoot pistols in the woods in Suffolk ..Good luck
Oh man, what a head ache. 'Been there more than once. Good luck my friend...
If someone tore down your posted signs, your property is still legally posted, if you posted to NY posting requirements. A sign with name and address at least every 10 chains,(660 ' ) and on property corners one facing each way. If someone is over the line, get name and description and call Encon.
Put the signs higher.. also pitch cameras down mount high. Document. Mad Dog
I have permission to go on the property he is hunting. I left a copy of the pictures and a note in a Ziploc on his ladder stand. Basically just said next step will be calling the law. I talked with the landowner also.
Some people are just rude A-HOLES. Never worth getting in to a "Mexican standoff" weather it's in a bow area or firearms. Be calm, diffuse the best you can and do what the other guys say. Document and Call Encon., immediately. Mad Dog
I had the same issues years ago. Nothing ruins your season faster. Make sure you are posted properly and in the right locations. If that doesn't work try the three "S" method. Shoot, shovel and shut up.
On the other side of the coin....... I had a guy come up to me while I sat in my ladder stand and asked me if I knew I was trespassing on his property? I told him to hold on while I climbed out. Once on the ground I said are you sure this is your property? He said he was positive and if I didn't remove my ladder stand right away I was going to be arrested!
I pulled out my smart phone, tapped on my "Hunt Stand" app and the GPS showed I was hunting on my buddies farm, not his. I showed him his property line was 50 yards away and suggested he move his posted signs back another 30 yards or I'd pull them down.
I had to laugh as he walked away all pissed off!
There's always these little battles every year whether it's trespassing, stolen treestands, poaching, stuff like this... It all boils down to respect, and personal visceral ethics. Which unfortunately some idiots are incapable of... good luck arrkner82
In NY no posted signs are required. If someone is on your property without permission they are trespassing and can be arrested. Have the guy arrested, end of story. It will cost him around $600 bucks in court costs and a fine unless he has a prior record. If so it will cost him a lot more. I hate to be a prick but that is the only way people get the message and others will get the message as well. Shawn
I Spoke with a guy from chicopee ma. who bought 200 acres in vermont and posted it. He patrolled it and politely told trespassers that he had bought the land and didn't want people hunting it anymore. He bought a sawmill and cut his own trees to build a nice hunting cabin. A week before deer season he went up to prepare the cabin and stands for deer season. The cabin was burnt to the ground…….Arson
Bastards...hidden Surveillance cameras this time around. Mad Dog
deerman406. here in NY unless property is posted one can hunt until the owner or the rep for owner asked one to not hunt. Posted, done per law, means that one can be arrested with out notice from land owner., and take notice of such action. Yes hunting on not posted land is not correct per our ethics, but it is legal!
Q. Must I post to keep people off my property?
A. No. Trespassing is illegal even on unposted property. Instead of posting, a landowner or other authorized person may issue written notice to another informing them that they are prohibited from a property. The notice must contain a description of the property, what restrictions apply (hunting, fishing, trapping) and the person or persons prohibited from entry. It should be delivered by certified mail or other processes to prove that the person was served. At any time, anyone asked to leave the premises, posted or not, by the landowner, occupant or other authorized person, must do so immediately.
This straight from NYSDEC website
archer756, that isn't correct. In NY, there isn't any open land and all property should be considered private, unless there are State, County or Township marking on it. Just because there is an absence of signage doesn't mean it is open.
You need to study the statute. The statute makes clear that folks have a license to trespass on unimproved lands. This means if its not posted, they can be there. It is true that posted or not, folks are required to leave upon request. Around my area, without posting, you'd never get law enforcement to prosecute (its hard enough to get them to act when it is properly posted). In fact, some judges are requiring photographs of posted corners. NY has one of the weakest trespass regimes I've ever seen--the threat of a $75 fine and theoretical jail time just isn't a deterrent. That's why I'll bring a civil action against every trespasser--force them to face a sizable default judgment or make them hire an attorneyy.
I think the grey area here is , what is considered unimproved land ?
Not farmed, i.e., obvious fields. My take Mad Dog
What if it's a remote tract of timberland that was logged 20 years ago and there are residual logging roads ? Is this a improved property ?
Elkaddict - what "statute" are you referring to?
As for "improved, unimproved, etc. - see the four elements in CAPS below .
I do agree that NY does have some weak trespass laws, but to the best of my knowledge, you DO NOT have "license" to trespass on unimproved property. The NYS Environmental Conservation Law even goes so far as to state "No license or stamp authorizes the holder to trespass upon private lands or waters or to interfere with property belonging to another person." Additionally, any time you step on private property the landowner assumes some liability even if covered by the NY General Obligations Law.
Whenever you enter private property without permission you can be prosecuted for trespass under New York State Penal Law, Section 140.05. Trespass, which states “A person is guilty of trespass when he knowingly enters or remains unlawfully in or upon premises.” It does not matter if it is posted or not.
Assuming you did not have permission, you have a defense IF you can show that the land was UNPOSTED, UNFENCED, UNIMPROVED AND APPARENTLY UNUSED. The prosecution, or the landowner, can use any number of manmade indicators to show you should have known better, such as cattle, crops, logging, mowing. It's not rocket science, here in NY people pay taxes and have an expectation to have control over such lands. Trespass without permission and you should have to answer for it.
A judge can say what he wants, but the fact is if I post my land on September 1, and someone tears all the signs down on September 2, my land is still legally posted for the duration of the year.
Don’t learn the hard way out in the western US, where simple trespass, hunting or not, is a misdemeanor and there is very little requirement for the landowner to indicate his boundaries.
Bottom line is that a sportsman/sportswoman owes it to the sport to lead by example.
