Snowmobile Map shows trail across my land....

[minnikin1]

We have had problems with trespassing snowmobilers for years. (And despite claims to the contrary, they cause all kinds of damage - busting fences, digging up the wood road, running over new plantings and saplings...)

Then last year I found a free map in the general store. It's printed by the local snowmobile club, and shows a trail going right across my property, right where the trespassers are going.

I emailed the president of the club last spring, and he said he would bring it up at their next meeting. Foolishly, I assumed that would be enough, and didn't follow through. Yesterday I saw the local stores are distributing the same map again this year!

Here's the tricky part - There is a disclaimer on the map.
Here's what it says:

"This guide is intended to be used as a "reference only" and shall not constitute any representation or guarantee of accuracy, location, suitability, or safety conditions of these trails. Parties affiliated with the trail guide production shall assume NO LIABILITY for any claims arising from guide or trail use. Pursuant to NYS General Obligations Law, snowmobile clubs and landowners are not responsiible or liable for any injury to any person and /or property caused by the act of snowmobiling on their premises. Snowmobilers must obey all NYS Laws and all speed limits. Snowmobilers must satisfy themselves that the trails are suitable for their riding ability and travel/recreation purposes. Snowmobilers are required to follow signage and utilize only marked trails. Unless posted, trailes are for snowmobile use only.

Land owners requests, weather conditions, and other circumsances may force trail closures or detours during the winter season."

On one hand, it sounds like they've covered their butts pretty well with that.
ON the other hand, it's kind of like publishing a list of homes that don't have good locks and saying, ""not responsible for crime as a result of this list".
Ideas? What would you do?

[michiganfarmer]

when I get enough money I am going to fence my property

[tickranch]

Originally Posted by michiganfarmer

when I get enough money I am going to fence my property

They cut our fence and took out the posts

[brosil]

How many large stones do you have? I've heard that stone wall building is a good outlet for stress. A nice 6 ft. stone wall in the right spot could add considerable charm to the farm.

[Windy in Kansas]

I would have an attorney represent me and file legal action to have the club removed all maps from further distribution until a correction is made showing your land IS NOT part of a trail.

[Scrounger]

Got a couple of old cars you could park end to end across the trail?

[Ed Norman]

Take every map in the stack, every time you see them. That might stop the new trail riders from finding your place.

[chickenista]

Someone here had posted a great sign about a high powered rifle range on their land...
Maybe some motion detected alarms..
Sit out one weekend and fire shots into the air after posting serious no trespassing signs...
I would definitely take some action after the removal of your fence..that stuff is expensive!
I found the part of the flyer that states that landowners ARE NOT responsible for injuries ocurring on their premises to be particularily interesting.. it opens up some interesting options...you could do some creative landscaping..... do you like to dig holes? Really big holes?

[MomOf4]

Originally Posted by minnikin1

"Snowmobilers are required to follow signage and utilize only marked trails."

I think this covers YOU...it's obviously not a marked trail on your property. You could put up signs saying it is NOT a snowmobile trail, and trespassers will be prosecuted, in addition to other suggestions like a rock wall, etc.

I, personally, would make some labels and stick them to every copy of the map you find and note your property on the map and note that it is private property, not a marked trail, and trespassers would be prosecuted. Anyone picking up the map will see your property on the map and avoid it (at least in theory). Members of the club might get a copy of the amended map back into the hands of the president, and this might cause some action on his behalf.

I would also have an attorney contact them (most attorneys will write a letter for a small fee).

[DaleK]

First talk to your neighbours on either side to find out if THEY gave permission for their properties to be used as a trail. If they didn't, you can go together a lot easier than doing it alone.
Then either together or alone get a lawyer on it fast. Obviously this club had the money to print the maps, they need to be forced to take responsibility for either pulling or correcting them.
Put up CLOSED and No Trespassing signs immediately.

[hintonlady]

GRRRRRRRRR

Can't think of anything nice to say. Believe me the wheels in my head are turning and if it were my land I would not have the maturity to be polite about it.

enough said.

[Cabin Fever]

Does the map acturally show the trail crossing the main part of your property or does it follow a road ditch or property line? Does the snowmobile club post trail markers on the trail? Our club places orange diamond-shaped markers on our trails every few hundred feet. Are similar markers used in your area? I guess the point I'm getting at is, is the official trail actually mapped and marked going across your property or are you having problems with errant snowmobilers? We have an official trail that skirts one side of our 40 acres then makes a 90º turn and crosses our propery. We have never had problems with snowmobilers leaving the official marked trail.

I know there are areas adjacent to some of our trails that are open fields. On occassion, a snowmobiler will leave the trail, drive around the open field, and then return to the trail. This is strictly forbidden and frowned upon my every responsible sledder and club. The mantra of many clubs is "STAY ON THE TRAIL!" And, as I said before, every official trail in Minnesota is well marked and groomed by local snowmobile clubs....there is no question where the trail is....one rarely even needs a map.

[minnikin1]

This property is heavily posted. I have pics of the tracks going right past plainly visible signs.
We put up a wire fence when we bought the place, and used a ton of survey tape to make it plainly visible. They broke through that the first year.

We stopped mowing along the property line to allow a hedge of brambles to grow, and we planted rows of spruce seedlings, but they have been roaring over top of it all.

(The field they are crossing is about 12 acres, which is connected to another 12 acres of woods. Too large an area to build a stone wall. But we have been throwing stray rocks into the hedge row. And manure.)

I've learned that I can't stop them. Once they get up to the top of our hill, they seem to think its too much trouble to turn around and go back the way they came. I need to concentrate on getting that stupid map out of circulation so they don't come up here in the first place.
The maps are free, so I guess the suggestion to take the whole pile when I see them is doable.

I didn't want it to be attorney time. I've already spent so much money on this - fences and signs and repairs to damage...

I need a new shooting target, in the shape of a guy on a snowmobile. I could blast it full of holes and put that on a dark, lonely section of the trail...

[RedneckPete]

Call the local snowmobile club and have them pay to put a nice permanent gate at either end of the trail, with the promise that you will keep the gates open during snowmobile season, and closed and locked for the rest of the year.

They will likely compensate you for any REAL damages caused by the trail use. You have already established that you can't stop the machines from using your property, so personally I would adopt a less adversarial position with the club and ensure you aren't footing the bill for damaged fences and the like.

Pete

[OkieDavid]

Sign stating " Private property- No tresspassing and no snowmobiling" Second line- "If you choose to continue, be aware that I'm a little rusty but game to try" Place this sign directly above an old crashed out snowmobile that you have shot up complete with straw filled scare crow hanging from a tree.

[debra in ks]

Would it get you in trouble if one of your signs says "Snowmobilers will be shot on sight"?

[Cabin Fever]

I'll ask my question again, is the snowmobile trail going accross your property marked by the local snowmobile club? If not, are any snowmobile trails in your area officially-marked by the club or DNR with trail markers such as these:

[marvella]

here, the forest service digs deep, narrow trenches to keep them out- too deep and too narrow to make them attractive for an enhanced ride.

[wendle]

Fix the fence, if you can, and post a sign that says tresspassers will be prosecuted. Hide a video camera in the trees somewhere so you can get some pictures of who's doing it. Then go to the lawyer

[palani]

I don't think you need a lawyer to handle this. And I don't think you need to post signs. As long as the trespasser doesn't commit any kind of waste or theft (cutting down trees, shooting slow elk or other kind of hunting, etc) he is just being a nuisance.

As to the club, make a copy of their map and send this with a notice to the president using certified mail with return receipt postcard saying that their map is incorrect and you will hold them responsible for any waste or theft found resulting. Tell them you need a response within 15 days. If no response is received send them a 'fault' letter and give them an additional 15 days to respond. Send it certified as well. If no response to the 'fault' letter send them a final letter titled 'default', again send certified. When all the cards have come back take copies of everything down to the recorders office along with a notarized statement from you than no responses were received and record it. Send the club a certified copy of the package from the recorders office.

If this doesn't make them change their published route at least you have a party to hold responsible.

Not legal advice but you get what you pay for!!