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Old 02-25-2009, 04:30 PM
 
1 posts, read 5,893 times
Reputation: 11
Default Trespassers and Landowner Liability in Kentucky

We've recently acquired a small amount of wooded, undeveloped acreage in rural West KY. It has been brought to our attention that we have had people trespassing on the property (haven't caught any one yet), both on foot and on four-wheelers. The property has not yet been posted (will be real soon now). However, I've been told that no trespassing signs do not really provide any real protection to the landowner in terms of liability.

Searching on the Internet has not provided any definitive answers as to whether this is correct...anyone out there with experience/knowledge on this topic who can direct me to up-to-date info? (Aside from the obvious: call an attorney

Also, is there any particular format required for trespassing signs? I've seen some that have a place for the owner's name and phone number. I'm not particularly excited about hanging my contact info out there for any clown who is already wandering around where they shouldn't be.

Thanks!
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Old 02-25-2009, 05:42 PM
 
Location: NOVA
1,206 posts, read 2,111,279 times
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For the type of 'liability release' that you're looking for, i.e. not losing a $2 million lawsuit, isn't it worth it to contact a real estate attorney for a short consult?
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Old 02-25-2009, 05:51 PM
 
1 posts, read 5,863 times
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Default trespassing on property

Quote:
Originally Posted by Pondering92 View Post
We've recently acquired a small amount of wooded, undeveloped acreage in rural West KY. It has been brought to our attention that we have had people trespassing on the property (haven't caught any one yet), both on foot and on four-wheelers. The property has not yet been posted (will be real soon now). However, I've been told that no trespassing signs do not really provide any real protection to the landowner in terms of liability.

Searching on the Internet has not provided any definitive answers as to whether this is correct...anyone out there with experience/knowledge on this topic who can direct me to up-to-date info? (Aside from the obvious: call an attorney

Also, is there any particular format required for trespassing signs? I've seen some that have a place for the owner's name and phone number. I'm not particularly excited about hanging my contact info out there for any clown who is already wandering around where they shouldn't be.

Thanks!

yes, there are things in my area that is done, which is placing an add in the local news paper. all private land no trespassing,and also post the land and trespassing people are took to court by owners.
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Old 02-25-2009, 07:27 PM
 
Location: Kentucky
6,758 posts, read 14,098,613 times
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So far: K.R.S. 511.090(4) A person who enters or remains upon unimproved and apparently unused land which is neither fenced nor otherwise enclosed does not commit criminal trespass unless notice against trespass is personally communicated to him by the owner of the land or some other authorized person or unless notice is given by posting in a conspicuous manner.

but I can't find much of anything else. You may want to call a lawyer and ask them. Good luck!
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Old 02-25-2009, 08:40 PM
 
Location: Far Western KY
1,833 posts, read 4,199,346 times
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Good fences make good neighbors.

AS far as trespassing goes, a sign doesn't cut it ... anyone can say "I didn't see the sign." You have to tell them. I have people cutting across my woods on occasion. I've made it clear, I'll allow it as long as you don't trash it up/damage things/hunt illegally/etc. So far It's worked out well.
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Old 02-25-2009, 09:15 PM
 
5,254 posts, read 11,124,906 times
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yep - you need a fence. We had this problem for a while when we moved into a redneck area. They just ripped down the signs. Barb wire is good.
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