No Tresspassing sign advise

[Anonymous Poster]

Hello to all,

I recently had the great fortune to purchase "my place in the country". It's been my dream to own a piece of dirt for 30 some years. I'm a city boy from St. Louis, and the property is in the middle of nowhere Oklahoma, God I love it.

Anyway my dilemma is whether or not to nail up no tresspassing signs. I believe no one would intentionally do any harm to the property, I just thought I'd put the signs up in case someone went on my property and hurt themselves. At least I had no tresspassing signs up for liability purposes.

Here is St. Louis it's a given, put the signs up. But I don't want to appear to be some outta state @$$hole, and violate a local custom. My brother in law lives close by, and will keep an eye on the place, it's also currently leased out to a rancher with cattle on it.

What do you think? Thank you.

Terry

 

[cowboydoc]

Terry,
Put the signs up and enforce them! If you don't anyone can come on your property and hunt or anything and use the excuse, well it wasn't posted. Also, you are at liability if it isn't posted.

 

[JOR_EL]

Terry,
Congratulations on achieving your dream, ...welcome to the "club"!

If the 'local custom" is to leave yourself open to the all-too-real-in-today's-world threat that some yahoo could come onto your property, stupidly hurt himself, and be rewarded (with the help of attorneys, of course) with ownership of YOUR "dream", then I say violate the custom.

You can always see-to-it that your neighbors know that they are welcome (if they are), or give written permission when you wish to make exceptions.

I faced the same thought process when I bought MY country place.
My guess is that you dont want to appear to be some outta state dumbs--- who let some "unwarned" trespasser own his place via lawsuit, either.

As many of us have said before, ...a sad state of affairs.
In a common-sense world, this sort of thing wouldn't even be an issue!

Larry

 

[raptor]

Thank you for your thoughts. I felt that putting up signs would probably be advised. I'm heading down there the end of this month, and will take a hand full of signs along. Should be interesting to see how many of them get used for target practice :-(

Terry

 

[BobT]

Hi Terry,

Congratulations on attaining you dream of land owning.

We have lived in a rural environment for the past 30 years. We always know someone from "the city" has bought nearby, because the very first thing they do is put up "No Tresspassing" signs. I don't really care that they do this. Most of your neighbors probably are aware that you are a "newcomer" and will not express anything negative to you for putting up such signs.

What I suggest is to wait until the hunting season, which is when most of the interlopers arrive (and boy do they where we live). If you wait a few months to put the signs up, you will blend in with the local population a bit more, and not appear so aggressive.

My guess is that there is a LOT of land around you. I never, ever had a problem with my neighbors or anyone who lived within our town of 1,500 people. Some of them would want to hunt my land, but they came around a few months before the season opened and asked. I always granted such permission, and even told them where the best spots were.

But during hunting season, all kinds of Rambo-esque maniacs arrive. It is really something to behold. It really is not safe for us to go out of our house for the first few days of the season. They stomp right onto property (blowing right past any posted signs). One guy got his truck stuck having come in on the back of my property (without permission of course) through forest preserve land which adjoins the backside of my land. He became furious when I refused to let him dirve his 4 wheel drive SUV back through my crop land to tow his truck out. I asked him for $2,500 to cover the damage that would be done. He refused and asked me what he was supposed to do about his truck. I told him to take it out the same way it came in. Never saw him again. Come back here around hunting season time and you'll hear all kinds of similar stories.

Anyway, I always post my land about two weeks before hunting season starts. A lot of people are scouting areas ahead of time. And having the signs up then hopefully makes some of them look elsewhere.

On the other hand, if there is no hunting at all where you are, and you like all your neighbors, I see no need for the signs.

BobT.
A Indiana Boy

 

[cowboydoc]

Only problem with not posting your land Bob is that if someone comes on your property and it's not posted and they get hurt not only are you liable but usually your insurance won't cover you for liability. Also if the land isn't posted and someone comes on and gets hurt you have no case against them because you didn't warn them not to come on your property.

 

[BobT]

My homeowner's policy with farm coverage rider makes no requirement for me to post my land in order for the liability to be valid. Maybe some do, but I doubt an insurance company could disclaim payment simply because the land was not posted. If such language is within the policy, I suppose, but I have never seen that in an actual policy.

BobT.
A Indiana Boy

 

[JOR_EL]

Terry,

To NOT DO what can be done to protect yourself, because someone else "has not had a problem", is like not having car insurance because you know someone who has never had a wreck. I'ts OK, ...if it works for you!

Neighborhood peace is as often disturbed by some "good 'ol boy", as by a newbie.

I have witnessed 2 serious quarrels/feuds among my neighbors (without involvement, thank goodness) with both of the participants long-term residents in one case, and both relative newcomers in the second. And the issues definitely were "trespass"-based (along with some "use" complaints ...the use in question being entirely legal, and so decided by a judge.)
Logic/reasoning went out, ...police/lawyers came in. The "innocent" so-called-offender in the 2nd case was presented with 54PAGES of legal mumbo-jumbo by the complainant's (a law-student herself) attorneys. I know because she showed them to me (tearfully). This poor girl was simply overwhelmed by a nasty person who "didn't want her there"( and didn't hesitate to say so in just-those-words), and in the end, although she won in court, gave up HER dream, and moved. Months of hard work while beset by uncertainty and superior finances/legal power took their toll.

This was a slight woman about 35 yrs. old who was out there driving posts manually day after day, to fence in the stock she intended to raise.

The creature who drove her out has since moved to a "country-club" development, much to the delight of the rest of the neighbors (AND the local officials). But it's a shame that people can and DO foul-up others lives.

The 1st case involved trespass/timber-theft courtesy of "good ol' boy" and "good ol'boy jr".They've lived here for years all-right, and been a menace the whole time, ...not strangers at all to the local sheriff.

The remark " I don't really care that they do this"(put-up signs), seems to me the exactly-appropriate response. Why SHOULD anyone care? What is the basis for their taking offense at the so-called "aggressiveness"?

Fortunately the neighbors that I share borders with all have the same attitude, ...I will respect your right to do what you (legally) wish with your land. And I expect you to show the same respect to me.

If my neighbor wants a "private" sign on his gate, that's HIS business, ...and fine with me. I would ask permission if I had a need to enter his land anyway, so a "Keep-out" sign isn't going to upset me any. I understand the several GOOD reasons why he might wish to have them.

People who "react negatively" to someone doing as he sees fit with his own property need 2 things in my opinion.

A shorter nose.

And a reminder about what should be done with people who "can't take a joke".

Larry

 

[ERNIEB]

I think you should look up the laws of the State in question. In Texas, for a person to be arrested for trespassing, they must have been warned. Warning can be verbal or by signage. No amount of signage will keep you from being sued, but would sure help your case if you were. Another thing the law should tell you is what type of signs or markings can be used.
Best to check with the locals as far as customs, they can vary greatly from one place to another.

Ernie

 

[DennisY]

As far as liability is concerned check the laws of your state. Here in Maine we have sort of a "hold harmless" law that protects the land owner from liability when a hunter, hiker, birdwatcher, snowmobiler etc. gets hurt. I think that it was the snowmobile organizations that got the leglislation passed. I don't know about your area but I have lived on my place for 22 years with no signs and (so far) no problmes. It is true that "the locals" often resent someone "from away" buying and posting property that has been a traditional hunting or fishing spot. In coastal areas access to the shore can be a "hot button".