Trespassing & Neighbor Etiquette

Yep there allowed access.But il bet not on ATVs.Might want to check into that if your wanting to get rid of them.
I'm thinking its illegal to ride any wheeled vehicle in any creek in the US.Its technically illegal to even cross them but they usually over look the crossing issue.But i sure wouldn't want to be caught going up or downstream anymore.
They are hot to trot on erosion and supposedly it kills things like endangered craw fish and lord noes what else,not just from the tires running them over.But they say from the silt being stirred up..

But of corse you can still clear cut down to the dirt all the way down to what the corp owns bordering water.You can dig as much as you like while building developing housing developments.And you can also drive your million dollar house boat up and down river at full throttle pushing 4ft tall waves into shore.As this erosion/silt can be over looked as it brings in far more tax money for city and state.

Ken & Others,

Look this up:TCA 70-9-107 (d)

It is against the law to ride an Atv on another's property without permission in TN.

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Pro Libertate!

This is SO important! When we bought our farm we were approached by most of our neighbors, and only 1 did not take the opportunity to ask for something at the first meeting... It really made a bad impression.


Please remember that the owner of the property may have more going on there than meets the eye. Here are a couple reasons we don't want folks on our land:

* We don't live on our farm yet, but occasionally we go up skinny dipping...
If you came walking along while we were "frolicking".... well, needless to say you wouldn't be our favorite neighbor. In fact we might think you were a perv.

* We had one neighbor who asked permission to walk his dogs up to the crest of the hill... we granted it with stipulations - no walking as hunting season approached, we didn't want the deer getting spooked.
We caught the neighbor walking after we had asked him to stop - he played dumb and said it was a misunderstanding.
Then we caught him up there a second time.
They lost all access from now on - in fact wrecked it for anyone else who might ask. They also made DH so mad we now don't even wave at one another... Sad.

* One time a neighbor asked to picked berries. They said they'd like about 1 qt to make a pie. We said yes because we were too busy to preserve that year. Then one day we found ourselves with some free time on a lovely day and decided to set out for some berries.
I was a little dismayed when I saw the neighbors coming up behind me picking. (To me, it seemed rude to invade our space while we were there enjoying... come another time! But I was pleasant and didn't voice my thinking on it...) These folks then walked around me, and proceeded to pick berries all long the path AHEAD of me. I still just picked along at my leisure
and enjoyed myself. They, however, raced through, and came down with
many qts of huge berries.
As I went up, I could see they had left the little and
underripe ones for me. i came down with less than 1 qt of small berries.
They won't be back, BTW.

* Our land is very open along the boundaries, so our first order of business was to quit cutting near the property lines, plant trees, and create hedges.
2 neighbors could not understand why we were upset when they cut the "scrub land" behind them.
One wanted to open up her view of a pond.
It was our intent to screen that very view!

The others wanted a place to ride dirt bikes and created a trail that crossed the property line by 35 feet or so.
They hate us now because we complained and asked them to move the trail. They don't seem to notice that they compacted the soil where I wanted to grow the hedge and created a nasty erosion problem there.

* We were working with conservation experts deciding what areas we would like to set aside for various species of wildlife to thrive, and creating wild flower meadows and so forth. We are planting
to reestablish wild food sources for birds and wildlife, rerouting trails, etc.
To the casual observer, it may look like it's just empty land. In fact there are very detailed plans under way. If someone comes strolling through, helping themselves to my young herb stands before they have become strong and established, I won't be happy....


I guess the point I'm trying to make is that what looks to you like empty, unused land, sometimes isn't. Asking permission is always important.
In addition, please do not feel resentment if the answer is "no".

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Hut on the Hill Farm
http://www.hutonthehill.org

On ATVs the problem is not only finding them on the property or in the creek but being able to have something done about it. If I call the Sheriff's Office they may or may not have a deputy in the area. Even if they do it doesn't do them much good to come and not physically be able to get to the ATV riders. About all they can do is go upstream where they likely put in and wait for them. By the time a deputy arrived they might well be gone and an ATV can outrun a squad car on rural land. If caught they would likely get a light slap on the wrist.

On liability, check out your state's Recreational Usage Law. Basically it holds a landowner harmless if there are not known hazards which aren't addressed and there is not a charge for usage. For example I could let people come fishing in my farm pond. If one drowned, and it wasn't my fault through say a ricky dock, I cannot be sued. However, that isn't to say they cannot start a lawsuit and I would be forced to send a bunch of bucks defending myself. If I charged them a nominal fee (even a wink and a donation), such as for restocking, it becomes a commercial activity not covered by that law.

The easy route is to deny access to everyone. I am trying to avoid that route so the few abusers don't spoil it for others.

Added: I do allow one neighbor and his sons to ride ATVs on my property. However, it is done in a respective manner and with my persmission. They do 'joy ride' on the farm roads a bit, but know to stay out of the creek and off the gravel bars and not to bother the cattle. Sometimes the whole family are on a couple of ATVs going down to the swimming hole. The father is usually the one to tell me about other ATV riders as they don't want to lose this access. Even there they are not allowed on the property with dirt bikes. I hate that sound.

Sigh, welcome to the friendly countryside! Guess I am stupid.only got 22 acres but if someone wants to walk or hunt I dont really care not hurting me. A lot of these posts sound like the big city I left, cross our fence and we shoot, meth lab here, coke dealer here -- b4 anyone flames me not saying anyone is doing anything illegal and its your property to do with as u see fit and I do not and never will trespass -- just sounds like the stuff I wanted to leave behind!
Tho i did get kinda ticked when a guy gutted his deer and left it on the side of my road right by my house!

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don't know where bin Laden is. I have no idea and really don't care. It's not that important. It's not our priority."
- George W. Bush

Ask permission and be specific. Tell him that you understand, that if he gives YOU permission to walk on his land that it dosen't mean: hunt, fish, cut firewood, gather foodstuff; or include your sons, daughters, aunts and uncles, nices or nephews; or friends; or anyone that you happen to strike up a conversation with at your local Wal-mart saying "well so-and-so gave me permission to trespass on his land so I'm sure he wouldn't mind if you did as well".

That sorta stuff really happens when a land owner gives someone permission to trespass.

Our local vet bought a couple hundred acres. The children of the person that he bought it from still wanted access to it. He told that it was OK but not during hunting season and no ATVs. He caught them with ATVs 3 times. The 3rd time was during deer season and he found them parked deep on his land (the owners were not around). It is quite amazing what a 308 will do to an engine block of an ATV.

Always ask first. To trespass is to indicate a lack of respect for the landowner. That is not the way to be neighborly.

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I'm running so far behind I thought I was first!

http://hickahala.blogspot.com/

edayna,

Look up the owners on the county tax rolls and contact them. They pay the taxes,mortgage and expenses. There is a reason they bought the property and you don't know it. If the owners give you permission, that's great. If they don't, no reason to be angry with them....it's their perogative.

I'm one of those people who are bit touchy about people trespassing. Some people think the liberally posted "No Trespassing" signs just don't apply to them. They have to get away with it every time, I only have to catch them once. It's just like sex.....no means no.

There are a few people we give permission to come on our place. There are 4 people (including 2 relatives) that have general permission, 3 people that have specific permission to fish and 1 person that has permission to ride their horse on our trails. That's it. Other than that people are invited for specific times and events.

It sounds like you are trying to do the right thing.

Mike

"Sigh, welcome to the friendly countryside!"

Yep. Some 'townies' own 75 acres down the road through inheritance. They come out a couple of weekends a year. Almost immediately set up a target range and blast away on and off all day. Part of their property goes down to the creek, which they think then gives them access permission up and down the creek. They will ride ATVs up and down the road for seemingly hours at a time racing each other. Their logic is they aren't allowed to do it in the city so this is their chance to 'blow it off'.

Surprise, surprise, we have usage laws out here also.

Fortuantely the M/F-in-law of the country sheriff lives on the road and is very indirectly related to these folks. When sending out a couple of deputies didn't make an impression on them, his visit apparently did.

Pretty well has stopped visits to the property and I am sure they are grumbling about their unfair treatment.

Why is it that the folks who think it unfriendly not to let them wander on your property tend to be the folks who don't own (or much) property? Isn't that what public parks and forests are for?

Mike

Trespassing on land in the countryside really isn't any different than wandering into someone else's backyard in the city. If you wouldn't hop the fence, settle down on your neighbor's back yard and help yourself to a picnic on their lawn in the city - why would you think it's ok to do exactly that on someone's farm in the country?

Usually, if you ask for permission to go onto someone's land for a specific reason the answer is yes. Especially if there's a reciprocal agreement or you're returning the favor somehow. If they don't want you on their property, for whatever reason, just accept that and move on. And if they do say "no" and you decide to trespass anyway - don't be too surprised when the landowner is upset.

"Do not encroach on your neighbor or his property".

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Pro Libertate!

this one is easy...would you want someone walking through your front yard with out asking? would you want someone walking through your house without asking? its the same thing.

i came to the country to get away from all the boundries and confinements of the city, but deffinetly ask before you enter a propery, my mother and i as a hobby past time go digging on old fallen down farms and homesteads and trash piles for bottles and other antiques but even those that we dont knnow, if we see a place that looks like it could be a good dig while driving by we stop at the nearest home to find out who owns the place we'd like to dig at, when we ask, sometimes its no id rather you didnt, which usually comes with a kind expanation and apprecitation for asking, sometimes its an irritated no and we appologize and thank them just the same, and sometimes its sure im not using it and then we have some fun, but whatever the case we have been respectful and not allowed ourselves to become uncivilized or unsocial, and have gotten several new friends in the proccess, ask, you will be thought of in a much better light than those who dont. i have posted warning only because of liability issuse, and my livestock is a concern, and my crops, so yes i too appreciate being asked so that i can explain to visitors what is off limits and how id like my property treated while they are here.

I know from past threads that most here don't have a problem with this but I find it very obnoxious when people come out for a couple of days and are firing firing hundreds of rounds all day and into late evening - I'm thinking, how long does it take to sight in that rifle??? Then I realize they just like to shoot their guns.

It is getting harder and harder to find any peace around here!!

You would NOT BELIEVE how many cows we've had SHOT by -----holes who thought they couldnt just hunt anywhere they wanted. When I was a kid I used to always that my birthday was coming up because poachers would shoot at me on my family's own property. In the end, my dad shot at anyone on our property who wasnt supposed to be there, because anyone trasspassing is up to no good (which is why it's illegal). I cant imagine someone "Not minding" if I just walked up to their house, walked in through the door, sat down on their couch and watch Tv while eating their food, which lets face it....is what trasspassing is!!! It's trasspassing! Feel free to ask permission (and if it's granted then you arent trasspassing) but dont get bent out of shape if its NOT granted, because lets face it.....it's THEIR property, and I'm sure you would feel violated too if someone just merrily trasspassed on your property too. (Heck ....someone recently trasspassed on my neighbor's property "because they didnt know it was illegal to cut her fences, walk a third of a mile onto her property and pick HER wild grapes....which she cans" and when they were caught, did NOT so MUCH as appoligize, and REFUSED to leave until the sherriff was called out...and I'll tell ya...I felt violated, and it wasnt even my property!!!!! The ladies excused it because they said they were from the city and that should make it alright because my neighbor had SO MUCH land that she should be HAPPY TO SHARE!!!!! The NERVE!) Not yelling at you.....making a POINT.
DixyDoodle is right....and the fact that YOU have a gate onto their property will make YOU the PRIME suspect for everyone ELSE's misdeeds.

Joy

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Joy Alba
Oak Hill Ranch
since 1834
Bedias, Texas

WHY is it that people seem to think that the law is not the same in the country as in town??? Why are country people thought of as "second class" to "city" people that we can be violated, and its okay??? I have noticed that the "city" people who have moved out to the nearby small town of 300 (who my family helped found when they came here on a wagon train in 1836....when it was a republic and not even a part of the US) tend to treat those of us who have always been here like trash. Really nice people, who work hard, and probably have more wealth in livestock and land than they do in their fancy houses, expensive cars and manacured lawns. It always AMAZES me. And I dont think I'll EVER understand it.

The only thing that may have been left out on this thread is that the "unused" property in question MAY have been in their family for a LONG time. And it may hold a certian sentimental value that goes beyond "mere ownership" that might make trasspassing all the worse.....especially if they know its going on (and BELIEVE me they've noticed).
That....and who knows if they are trapping on THEIR property. Stepping in a fox trap REALLY hurts. And that kinda thing happens when people are where they arent supposed to be.

Joy

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Joy Alba
Oak Hill Ranch
since 1834
Bedias, Texas

I have 461 acres, and I consider them all the same as my back yard. City people don't view them this way. Most of the time, if they are outside of my homestead area, then they think it's like a park and anyone can use it (even though it's posted), or else that I'm not going to care. Well, I care.

Edayna, if you asked me if you could walk on my land I'd feel bad about it but I'd tell you "no". Just because I like my land to be private to me. I don't know how your neighbors would think about it, but you do have the ace in the hole that development has already occured next to them and they are probably prepared for the inevitable that more people will be walking on them.

BTW, if I had a neighbor who had a gate in their back fence backing on my land I'd be furious. But that's me.

Hint: If their land isn't posted anywhere, there's a good bet they won't mind you walking there and will give you permission. If their place is posted, be prepared to be turned down, and go up there with a good offer in mind. If it's REALLY important to you, you might even offer them money to "rent" the right to walk there. I absolutely NEVER let anyone hunt my land until last year when someone came along and said "$1000" for the season and I couldn't turn that kind of money down, though I felt like I was selling out. Not to say offering them $1000, but say you have a health problem and you need to walk and ask to rent for that, they would probably say yes.

Anyway, just an idea. And like so many others have said, the owners will be really appreciative of the fact that you asked. So many don't.

Jennifer

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-Northern NYS

Why? Almost 500 acres? My guess is that you don't even walk the entire property more then once a year at best?

I can't imagine turning down a harmless neighbour who actually ASKED! Even ATVs. If they stick to the trails, stay away from the house and just buzz through, why on earth would you care?

I guess these kids should be hanging around behind the mall smoking dope and initiating teenage pregnancies instead. That way they won't bother you.

Pete