We have a range here out to 250 yards. I wouldn't say we shoot a lot but do on occasion. I also bow hunt quite a bit. Just a couple more reasons I don't like the idea of someone coming onto the property unannounced. But for me the big issue was being told "we can't be prosecuted". Basically we will do as we please and you have no right to stop us. That's the main reason I took the extra step to deliver a cease letter to them.
Surveyor rights to access private property in MO
- Thread starter jk96
- Start date
- Views: 10789
Sigarms
Super Star Member
I've just learned when we first moved here that if people know you shoot a lot on your property, people seem to be a lot more respectful on the trespassing.
When people hear gun shots in the same general area they are walking and they know they are not on their own property but "visiting", they tend to figure out they better start asking questions.
All my neighbors know that all they have to do is ask if they want to come on my property and I don't think I've turned anyone down. I don't care if you have a right to be on my property, it's just plain common sense and respectful to ask first.
We do get the power company from time to time for tree cutting work, but they have also learned to contact me first before they show up unannounced.
From what I read on your posts, you understood that you were saving them a long hike and were being nice to them asking them to let you know ahead of time. That is only common courtesy and being respectful on your end. They should do the same in return and be respectful of your property.
Common sense and being respectful particularly if someone parks in front of your house and walks onto your property is to either call first, or knock on the homeowners door and explain why you're there.
Per my "shooting comment", I basically waste the ammo, but always shoot in a know safe area (even at night, we have a light in the one field that lights everything up down the hill very good and you can see if anyone is there).
Sigarms
Super Star Member
hmmm, this is new...
dmccarty
Super Star Member
Years ago, a surveyor used our road to access a common property line that needed to be surveyed for some reason. He was nice and polite asking to just park on the road which was less of a walk through the woods than if he accessed the property who was paying his fee.
If he had blocked the road, or worse, our driveway, that is a whole different story. We have had contractors on neighbors land park and block the road.
We do shut the gate but one day an idiot Amazon driver, who could barely speak English, OPENED the unlocked gate and drove up to the house. One of the problems with this is the dog was out and said dog does not like strangers. Not at all. So this idiot opened the gate, which does have a no trespass sign, could have gotten bit and we could have been held liable. We also have a notice at Amazon to just leave the package at the gate. Given the closed gate, the sign and the notice to Amazon I think we would have been ok but I suspect it would have cost us time and money if the idiot had gotten out of the car.
Accessing land via a route around our house would be not happening. The dog would go bonkers.
We have had too many utility contractors just showing up recently at the house unannounced. Most can't speak English. Only one crew were native English speakers. We had one crew who just drove up our narrow, curving, driveway with a crew cab and long dual axle trailer. They don't know what is at the end of the driveway. Not a clue. What moron would do that? Anyone with a brain could see that one might not be able to turn around and backing down would be a real pain. I told the guy how to turn around and specifically what to do. Since he could not speak English, he did exactly what I told him NOT to do. He and we, were lucky the ground was dry, or that idiot would have been stuck and made a mess.
A No Cuts guy showed up unannounced and tried to walk around the house. <sigh> What a moron. We knew he was on the way up the driveway but do these guys not call first? Doing that at the wrong place could be a very big mistake for a variety of reasons. I talked to the guy asking why he was at my house since I had not called. One of the things he needed to trace goes through the woods, which he refused to do. I think he was scared to be in the woods..... Seriously. How can you have that job and be afraid to walk in the woods.....
If he had blocked the road, or worse, our driveway, that is a whole different story. We have had contractors on neighbors land park and block the road.
We do shut the gate but one day an idiot Amazon driver, who could barely speak English, OPENED the unlocked gate and drove up to the house. One of the problems with this is the dog was out and said dog does not like strangers. Not at all. So this idiot opened the gate, which does have a no trespass sign, could have gotten bit and we could have been held liable. We also have a notice at Amazon to just leave the package at the gate. Given the closed gate, the sign and the notice to Amazon I think we would have been ok but I suspect it would have cost us time and money if the idiot had gotten out of the car.
Accessing land via a route around our house would be not happening. The dog would go bonkers.
We have had too many utility contractors just showing up recently at the house unannounced. Most can't speak English. Only one crew were native English speakers. We had one crew who just drove up our narrow, curving, driveway with a crew cab and long dual axle trailer. They don't know what is at the end of the driveway. Not a clue. What moron would do that? Anyone with a brain could see that one might not be able to turn around and backing down would be a real pain. I told the guy how to turn around and specifically what to do. Since he could not speak English, he did exactly what I told him NOT to do. He and we, were lucky the ground was dry, or that idiot would have been stuck and made a mess.
A No Cuts guy showed up unannounced and tried to walk around the house. <sigh> What a moron. We knew he was on the way up the driveway but do these guys not call first? Doing that at the wrong place could be a very big mistake for a variety of reasons. I talked to the guy asking why he was at my house since I had not called.
One of the things he needed to trace goes through the woods, which he refused to do. I think he was scared to be in the woods..... Seriously. How can you have that job and be afraid to walk in the woods.....I'm not a lawyer but I do own land in Missouri and have been involved in a few land disputes over the years. I suspect they are not allowed on your property without permission unless there is no other access.
For example, an Easement by Necessity in Missouri requires there is no other access. Access for convenience is not enough to meet this standard. It might be a mile through rough terrain but if there is road frontage elsewhere they are required to use their own legal access before demanding to tresspass on yours. Missouri is pretty stringent about protecting private property so I'm guessing that line of thinking would extend to surveyors.
For example, an Easement by Necessity in Missouri requires there is no other access. Access for convenience is not enough to meet this standard. It might be a mile through rough terrain but if there is road frontage elsewhere they are required to use their own legal access before demanding to tresspass on yours. Missouri is pretty stringent about protecting private property so I'm guessing that line of thinking would extend to surveyors.
Last edited:
ultrarunner
Epic Contributor
- Joined
- Apr 6, 2004
- Messages
- 28,144
- Tractor
- Cat D3, Deere 110 TLB, Kubota BX23 and L3800 and RTV900 with restored 1948 Deere M, 1949 Farmall Cub, 1953 Ford Jubliee and 1957 Ford 740 Row Crop, Craftsman Mower, Deere 350C Dozer 50 assorted vehicles from 1905 to 2006
I got the same 3 times today… I never intend for my posts to be controversial.
ultrarunner
Epic Contributor
- Joined
- Apr 6, 2004
- Messages
- 28,144
- Tractor
- Cat D3, Deere 110 TLB, Kubota BX23 and L3800 and RTV900 with restored 1948 Deere M, 1949 Farmall Cub, 1953 Ford Jubliee and 1957 Ford 740 Row Crop, Craftsman Mower, Deere 350C Dozer 50 assorted vehicles from 1905 to 2006
I wonder if a couple of rounds of blanks would have the same effect?
CliffordK
Veteran Member
- Joined
- Mar 8, 2013
- Messages
- 2,318
- Location
- Eugene, Oregon
- Tractor
- Toro D200, Ford 1715, International 884,
I would expect an explanation of why one needed access to my property.
Accessing a surveying marker. Sure, but minimally intrusive.
Overgrown fence line and they just wanted to walk the fence from the other side. I'd expect permission.
Saves a quarter mile waking? Really... just do your survey from your side..
As far as "Trespassing", read your local laws. It may involve both access to the property as well as some type of harm or crime. Access to the property alone may not be enough.
Accessing a surveying marker. Sure, but minimally intrusive.
Overgrown fence line and they just wanted to walk the fence from the other side. I'd expect permission.
Saves a quarter mile waking? Really... just do your survey from your side..
As far as "Trespassing", read your local laws. It may involve both access to the property as well as some type of harm or crime. Access to the property alone may not be enough.
ultrarunner
Epic Contributor
- Joined
- Apr 6, 2004
- Messages
- 28,144
- Tractor
- Cat D3, Deere 110 TLB, Kubota BX23 and L3800 and RTV900 with restored 1948 Deere M, 1949 Farmall Cub, 1953 Ford Jubliee and 1957 Ford 740 Row Crop, Craftsman Mower, Deere 350C Dozer 50 assorted vehicles from 1905 to 2006
Here if no damage a trespass warning providing the opportunity to leave is typical.
Once on notice the next time might find the person in custody.
It does seem claiming ignorance is accepted for a first offense.
I have something similar where the neighbor land is the sewer easement but from my side it’s a walk in the park verses hacking through poison oak.
I followed excavator tracks one day and the city was rebuilding a cone with manhole cover.
I asked why through my property and the operator said oh… isn’t there an easement? They also used my garden hose to mix a few sacks of concrete.
I said I see you have a breaker attachment and I would appreciate if you would chip away a boulder where my trail narrows… should I call the city to ask?
The guys said not necessary and they did in 15 minutes what my Bosch Hammer couldn’t…
Once on notice the next time might find the person in custody.
It does seem claiming ignorance is accepted for a first offense.
I have something similar where the neighbor land is the sewer easement but from my side it’s a walk in the park verses hacking through poison oak.
I followed excavator tracks one day and the city was rebuilding a cone with manhole cover.
I asked why through my property and the operator said oh… isn’t there an easement? They also used my garden hose to mix a few sacks of concrete.
I said I see you have a breaker attachment and I would appreciate if you would chip away a boulder where my trail narrows… should I call the city to ask?
The guys said not necessary and they did in 15 minutes what my Bosch Hammer couldn’t…
lilranch2001
Super Member
- Joined
- Nov 25, 2009
- Messages
- 8,779
- Tractor
- Bobcat CT 235
Quite honestly, it surprises me that it took Muhammad this long to institute moderator approval.
Me and Muhammad have had our fair share of disagreements over the years and he seems to me to have “that” mindset.
As a matter of fact, I would not be surprised if this post gets banned!
