Long winded post here:
Been on both sides of this issue. Before anyone freaks, let me explain:
About 13 years ago when I was 24, I went to hunt an area I hadn't hunted before. It was on the state game management area (GMA) map. I parked my truck well within where this property followed the road line and was about 100 yards from the nearest yellow diamond marker (GMA marker). I didn't cross any fences nor see any private property signs on my way into the woods or while in the woods.
I set up in a tree about a tenth of a mile from my truck (still well within the map's location) and waited for the buck of lifetime to decide he wanted to come right to me.
About 20 minutes later some older guy in a white T-Shirt and shorts (bow season starts Sept 15th here) comes stomping through the woods and looking around. When he got near enough to me to talk, I said, "Hey buddy, I'm trying to hunt here". He looked up and replied something like, "Sorry, but this is my property and I'm looking at trees to take to the mill."
Well, I immediately felt like a complete fool and climbed down and went over to him and apologized profusely and told him about the discrepancy in the GMA map and told him I'd be on my way out of his hair immediately and once again that I was terribly sorry for trespassing.
Before I could turn around, this guy showed complete grace and started talking with me about where the real property boundaries were and the lay out of lines and land. He went on to tell me that he's only ever let one other guy hunt there, but he'd be okay with it if I wanted to hunt his 60 some acres that borders the GMA land as long as I bowhunted only or if I wanted to rifle hunt later that I stop in his drive and tell him where I'll be at. He walked me around his trails to some degree and showed me his garden where he was trying to keep the deer out and felt like I could help him with his deer problem (He didn't know that I'm not a very successful hunter :laughing
. I've always been grateful for the example he set and his grace letting some young punk have access to prime deer habitat. I'm sure my profuse apologies helped.
Back to the point - sometimes a true error can occur and if no signs or marking is put up, someone may not know that it is not public land and trespess on accident.
I also hunt elk and mule deer on public land in Colorado nearly every year and the laws are different in that state. Property owners are not obligatigated to mark their properties in any way whatsoever. The onus is on the sportsman to know where they are at. The difference is that out there, you can buy maps of each area that have private property colored yellow so you have a tool to use to avoid trespassing. I like that system just fine.
Years later, I now have a little property of my own and have access to a private 30 acre lake from my "farm". I don't live there yet, but occasionally find beer cans while I'm mowing out there and it irritates me pretty good. Also the good old boys use the private lake at their liesure like another poster stated about his. They've told another neighbor that they can fish it all they want because they've been fishing it since Pappy used to take them. I'm getting ready to start building out there in about a month and I'm sure I'll actually start seeing this first hand and having run-ins.
I'm not the kind of guy that would get ill and not show grace when it's been shown to me, but I will say that if someone wants to access, they can ask politely and recognize that it's not theirs and that they have no rights in this matter when they don't have any dog or $ invested.
We need to teach our kids these lessons. Common respect for others and others' property goes a long way. Beer cans trashing up my property won't help. I can totally understand their desire to keep fishing the lake Pappy took them to, but I also hope they'll understand that it's not some constitutionally given right and that they can just come and go as they please and trash the place too.
