Road closed / opened

[Michael Aos]

My house backs up to ~17 acres of "open space". Think of it as a vacant lot.

There is an established path / road through it for utilities access. People walk their dogs, ride motorcycles / ATV's, jog, etc.

It so happens my house is right at the apex of a turn. Lately, folks have been blasting through it on their mufflerless ATV's and motorcycles doing "hole shots" or whatever. Crazy loud. Makes it unpleasant to be in my backyard.

I used my BX2370, Land Pride GS1548 and Ratchet Rake to carve out a new path. Used the PD10 post-hole digger to sink several 4x6 landscape timbers around the area and posted a bunch of signs designating the old path unavailable.

Has been working out well. Folks are / were using the new trail.

I noticed last week, someone had dumped a bunch of concrete "stumps" (broken fence supports) all along my new trail. Not really unusual, so I just pushed them into a pile out of the way.

I noticed yesterday someone had pulled up the landscape timber to re-open the road and used that concrete to close the new trail.

Now I'm trying to figure out the appropriate reponse.

 

[smstonypoint]

Who owns the vacant lot? Have you contacted the owner?

Steve

 

[Michael Aos]

I probably should have included that in the original post. It's part of an estate / trust. The owner of record lived 1100 miles away and died last year. The property has been empty for the ~30yrs we've been here.

It used to get cleaned-up / mowed every couple of years, but nothing has been done with it for quite a while now.

Who owns the vacant lot? Have you contacted the owner?

Steve

 

[sandman2234]

Current owner may have someone that "oversee's" the property, or as in the 4 wheeler plagued 27 acres near me, someone has taken upon themselves to start posting no trespassing signs and building barricades to try to keep them off. This person has the owner's permission, but the owner really doesn't care enough about it to actually do something, since it is just an investment and not near his home.
Ask around, see who moved the stuff, someone knows!
David from jax

 

[Michael Aos]

Yeah, I have my suspicions, but for the life of me I can't think of an actual reason why someone would do that.
--

Ask around, see who moved the stuff, someone knows!

 

[Michael Aos]

That's a good thought -- and hadn't ocurred to me -- but I don't think that's it.

A few years back, the property owner hired some folks to construct barriers at each entrance and post "no dumping" signs. They were all knocked down quite a while back. I've been slowly reestablishing them.

Current owner may have someone that "oversee's" the property

 

[smstonypoint]

I would try to contact the executor of the owner's estate in order to obtain permission (in writing) to block the trail and post no trespassing signs. Absent that permission, I don't think you have any right to block the trail.

Steve

 

[Michael Aos]

I don't.

Folks can't legally ride ATV's and motorcycles back there either...

I thought I had a win-win by moving everything ~50 yards to the new trail. Seemed to be working out great for everyone.

For the life of me, I can't figure out why someone would block the new trail and reopen the old one.

I don't think you have any right to block the trail.

 

[drssg]

I suggest contacting your local police to see if the people on ATVs are breaking any laws that they would be inclined to enforce. If not, I don't see any legal response, except maybe buying the property.

Everybody on the property is trespassing, including you. I can't see where you have authority to enforce trail location on someone else's property.

 

[Michael Aos]

I've tried to stay away from "no trespassing" signs. If I were to second-guess the original owners intent, I think she would like people to enjoy it. If I had the means, I'd purchase it and make it a park.

I've been posting "Private Road, private drive". "No motorized vehicles", "No motorcycles / ATV's", "Private Property", "No Dumping", and "Smile you're on camera" signs.
--

I would try to contact the executor of the owner's estate in order to obtain permission (in writing) to block the trail and post no trespassing signs. Absent that permission, I don't think you have any right to block the trail.

Steve

 

[Michael Aos]

You are absolutely correct.

Everybody on the property is trespassing, including you. I can't see where you have authority to enforce trail location on someone else's property.

 

[Michael Aos]

I specifically did NOT do that. "Useless" is probably not the right word, but the ~20 yards I (tried to) close isn't used by anyone but the ATV's and illegal dumping.

I chase people doing illegal dumping out of there all the time!

you might have made it more difficult for the public utilities to perform their mission.

 

[Michael Aos]

Correct, although "structure" might be a little strong. I put up some sign posts.

I think most people assume it's city property. I've been trying to raise awareness that it's private property.

you trespassed and put up structure on someone else's land without permission to prevent others from disturbing you

 

[the old grind]

Similar happened to 60 ac behind my ten some years ago. The only relief was when someone bought and began using the property. (in hay, now)

I'd start with a well-placed log whose removal slows someone down enough for a trail cam to catch a few frames. It's only info, but such is indisputable where I come from.

Executor have any info regarding plans to sell? Sounds like owning 'all' would be a nightmare due to 'past practice'.

Dealing with "but we always did" at worst may just take a group of self-entitled to age out of a hobby, school district, civilian population, etc ...

Uhh, I guess this isn't post #8. :laughing::laughing::laughing:

 

[Michael Aos]

This is the space I'm referring to:

 

[airbiscuit]

I understand your frustration, but you may be exposing yourself to some liability. If you put up posts, or move concrete and someone gets injured as a result, you will end up paying $$$. Your homeowners insurance isn't going to cover you for what you did on someone else's property.

Put another way, how would you like it if someone blazed trails, put up posts and signs on your property without asking?

Talk to the owner, talk to the authorities and try to find remedy

Otherwise, keep doing what you are doing and assume the risk.

 

[Egon]

Until the owner has given you their permission you would be best off staying right off of the property. You are liable for any injuries someone could incure through your actions.

Investigate if there are any local bylaws that would be to your benefit. If so there are then options that do not involve you.

It's a Sticky Wickett it is.

 

[boggen]

good chance you most likely have some sort of "noise law".

you really need to hunt down the owner of the property and get permission. to point of need be "rent the property" instead of fully buying it out if that is not an option. renting would give you domain over the area. and let ya do what ya need to do and remove the trails and be able to legally enforce things. and do what you want to do.

with all the homes in picture, their might also be some sort of Home association doing. or city doing. that might help.