Problems with Trespassers

[Creamer]

I would go one step farther. Put up a big sign that basically states that this is private property and any use thereof constitutes agreement to the usage fees below. List the usage fees below. (There are detailed signs on the internet regarding this issue.) Make sure the usage fee is large - minimum $5k per person - so that it is worth going after. Then set up a trail camera in a hidden location that will record any activity near the sign. Now when you pursue your civil matter in court you will get compensated for your efforts.

One very important detail - make sure the sign is far enough on your property that there is no way they can tear down the sign without being on your property, i.e. ten feet or so from the line. You want to be very sure they are on your property when they destroy the sign as I am sure they will.

This is legal and there is legal precedent for it as long as they are over 18, i.e. legal consenting adult.

 

[greasemonkeyok]

I would go one step farther. Put up a big sign that basically states that this is private property and any use thereof constitutes agreement to the usage fees below. List the usage fees below. (There are detailed signs on the internet regarding this issue.) Make sure the usage fee is large - minimum $5k per person - so that it is worth going after. Then set up a trail camera in a hidden location that will record any activity near the sign. Now when you pursue your civil matter in court you will get compensated for your efforts.

One very important detail - make sure the sign is far enough on your property that there is no way they can tear down the sign without being on your property, i.e. ten feet or so from the line. You want to be very sure they are on your property when they destroy the sign as I am sure they will.

This is legal and there is legal precedent for it as long as they are over 18, i.e. legal consenting adult.

Interesting concept. Have thought about using that approach myself in Oklahoma. Can you point us to the legal precedent?

 

[greasemonkeyok]

The fact that he can't at least arrest someone is bull crap. Back in my younger days, I was in a bar and I guess I got a little mad at someone. I started going after them and 4 people drug me outside. When the cops arrived they asked the guy that I supposedly "threatened" if he wanted to press charges. Of course he said "yes" and I got hauled off ....

Hate to disillusion your idea of what a citizen's arrest is, but that wasn't one.

The officer arrested you on the complaint of the "victim". I would venture a guess that the "victim" had to sign a complaint, either at the scene or at the station.

 

[Midniteoyl]

How To Perform A Citizen’s Arrest, And Why You Really Shouldn’t | Stuff You Should Know

 

[MotorSeven]

It depends on the state, most misdemeanors not committed in an Officers presence are not arrest-able. The victim must first file a Police report, then go to the State Attorneys Office and file battery charges. The S/A will review the case and decide whether or not to prosecute, if so, then the bad guy is served with a arrest warrant or subpoena to show up in court. Once in court both parties & witnesses testify and a judge/jury decide. I don't know the law in KY, but it would be a good idea to research this and be informed. That way if the Deputy is hesitant to act, letting him/her know that you are aware of the law might make a difference.

 

[MotorSeven]

Primogeniture....I had to look that one up. For the rest of you............:

Primogeniture is the right, by law or custom, of the firstborn son to inherit the entire estate, to the exclusion of younger siblings (compare to ultimogeniture). Historically, the term implied male primogeniture, to the exclusion of females. In the absence of children, inheritance passed to collateral relatives, in order of seniority of their lines of descent. The eligible descendants of deceased elder siblings take precedence over living younger siblings, such that inheritance is settled in the manner of a depth-first search.
The principle has applied in history to inheritance of real property (land) and inherited titles and offices, most notably monarchies, continuing until modified or abolished .
Variations on primogeniture modify the right of the first-born son to the entirety of a family's inheritance (see appanage) or, in the West since World War II with the wider promotion of feminism, eliminate the preference for male over female siblings. Six monarchies in Europe have eliminated male preference: Sweden, Norway, Netherlands, Belgium, Denmark and Luxembourg. The type of marriage prevalent in each culture plays a crucial role in the adoption of differing primogenitures.

 

[mikehaugen]

Hate to disillusion your idea of what a citizen's arrest is, but that wasn't one.

The officer arrested you on the complaint of the "victim". I would venture a guess that the "victim" had to sign a complaint, either at the scene or at the station.

I was not referring to a citizen's arrest, I was talking about the responding officer making an arrest at the beginning of all of this.

 

[DB Pilot]

Thought it was interesting to note the number of posts and views this topic has produced. Really shows the disrespect to the land owner by so many trespassers across this country. Calling the landowner selfish is a cr**head argument . People have a RIGHT to privacy that brings about happiness after a long day in the rat race. The landowner who takes care of his property or has a hay field to maintain doesn't need picnickers leaving paper, styrofoam plastic and cans on the property. We don't need ATVers making new twotracks where they want and doing donuts so that years later it isn't worth very much because the land is just an old eroded out weed field. And don't forget the fishing they like in your stocked pond.
Seems to be a trespasser underground that when one gets on your property he is obligated to tell all his friends and family "go here because that guy doesn't care". Make it cost the trespasser money. That is what he is doing to you in time, fuel, property value, TAXES and work to repair grounds and put up posted signs.
And finally SHAME on the Legal system that takes this problem so lightly. try talking yourself out of a parking ticket by saying "I just needed to stop there for a little while". Maybe I will go over to the judges house and have a picnic on his front lawn. When the LEO shows up I can just say "the property is not posted correctly"!!!! unch:

Well it has stopped raining here so I have to go and take care of some grapes that come October the trespassers like to pick. :irked:

 

[Robert_in_NY]

Thought it was interesting to note the number of posts and views this topic has produced. Really shows the disrespect to the land owner by so many trespassers across this country. Calling the landowner selfish is a cr**head argument . People have a RIGHT to privacy that brings about happiness after a long day in the rat race. The landowner who takes care of his property or has a hay field to maintain doesn't need picnickers leaving paper, styrofoam plastic and cans on the property. We don't need ATVers making new twotracks where they want and doing donuts so that years later it isn't worth very much because the land is just an old eroded out weed field. And don't forget the fishing they like in your stocked pond.
Seems to be a trespasser underground that when one gets on your property he is obligated to tell all his friends and family "go here because that guy doesn't care". Make it cost the trespasser money. That is what he is doing to you in time, fuel, property value, TAXES and work to repair grounds and put up posted signs.
And finally SHAME on the Legal system that takes this problem so lightly. try talking yourself out of a parking ticket by saying "I just needed to stop there for a little while". Maybe I will go over to the judges house and have a picnic on his front lawn. When the LEO shows up I can just say "the property is not posted correctly"!!!! unch:

Well it has stopped raining here so I have to go and take care of some grapes that come October the trespassers like to pick. :irked:

What grapes do you have?

I have enough acres that I wouldn't notice any missing unless one of my neighbors starts a roadside stand selling grapes when they don't own any. Then it might make me notice :-D

My view these last few days, finishing spraying the Catawbas today.

 

[GGB]

DB, I fall into your camp. It's amazing to me how many people expect you to "share the wealth" by trespassing, taking a few grapes or other items because "no one will miss them" or fishing out a pond they do not have permission to fish.

Then there is the liability issue-these are the same people who will be suing you if they get hurt on your property.

And you are absolutely right about the word spreading among this ilk if you don't nip it in the bud. I won't go into the detail, but I no longer will permit fishing from my pond unless I'm with the group that wants to fish. I got very tired of coming home to find people who had no permission from me fishing in my pond who claim to have had permission from a neighbor to fish MY pond. And then there was the issue of trash. I got really frustrated having to pick up trash these people left behind.

I got tired of trying to be a nice guy about it. So now it's only family and friends who ask permission. Period. End of rant.