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Old 03-19-2009, 08:29 AM
 
9,807 posts, read 13,686,634 times
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I guess one could also put up a sign saying trespassers will be shot.

Good luck with enforcing that sign.

Fantasy, ( not reality)
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Old 03-19-2009, 08:46 AM
 
Location: Central Texas
20,490 posts, read 38,410,774 times
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I saw a lovely sign in Hawaii many years ago.

It said: "No trespassing. Survivors will be prosecuted."

Since we had a problem at the time with folks who wanted to hunt on our land (which we didn't permit) shooting our No Trespassing signs, I wanted one like that with bullet holes in it, clearly heading OUT.

As for surveys, please, please, please, if you buy any property, make sure it has a survey that would pass muster with a title company. It costs a bit (cost us $800 to have our 55 acres with a house surveyed 12 years ago, would likely cost quite a bit more now), but it's worth every penny if there's any dispute about boundaries in future.

Also, depending on really old surveys can be dicey. For example, I've seen surveys where the "marker" was "the big tree next to the creek" and the big tree is long gone and the creek changed its course over time.

Make the investment (and consider it an investment). It's worth it.

Fencing is the best way to make sure what your property lines are and that others are aware of them. Doesn't have to be expensive fencing, just something that's not prey to falling over/burning down/being eaten by bugs/being hit by lightning and destroyed, like trees are.
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Old 03-19-2009, 09:03 AM
 
Location: North Cackelacky....in the hills.
19,556 posts, read 19,544,697 times
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Quote:
Originally Posted by marmac View Post
I guess one could also put up a sign saying trespassers will be shot.

Good luck with enforcing that sign.

Fantasy, ( not reality)

Depending upon the state,the 'castle doctrine' would apply in varying degrees.
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Old 03-19-2009, 10:21 AM
 
Location: Interior AK
4,729 posts, read 8,737,353 times
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Quote:
Originally Posted by marmac View Post
The last 2 posts show a lack of reality and more fantasy.

Contact a lawyer and ask if you can collect whatever fee you desire from anyone who trespasses on your land.

I'll bet he will tell you the trespasser can be fined by the courts, but collecting $$$ beyond actual damage caused is laughable.
Your property rights, how and what you must do to defend and exercise them depends on what state you live in. It is your responsibility to know your rights and the laws that determine by what means and limits you may use to defend, enforce and exercise them... but you are responsible for enforcing them, so don't post a penalty that you're not prepared to enforce.

Trespass (either in the First or Second degrees) is a criminal law suit. An attempt to collect a posted land use fee from trespassers would be a civil law suit in small claims court. The object of the law suit is not necessarily to actually collect the fee in court, but to add significant weight to your no trespass posting by stating a definitive ramification if caught by the owner. At this point, because the owner posted the fee for use without permission, the perpetrator has essentially agreed to pay that fee by continuing his unlawful use... hence the small claims court suit. It's the pretty much the same as when a landlord takes a renter to court for not paying their rent... perfectly legal (depending on your state's laws).
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Old 03-19-2009, 10:36 AM
 
Location: Interior AK
4,729 posts, read 8,737,353 times
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Quote:
Originally Posted by oz in SC View Post
Depending upon the state,the 'castle doctrine' would apply in varying degrees.
Very good point! Your legal right to defend yourself, your guests and your property (and by what means and under what circumstances) is highly variable by state. Castle Doctrine legislation is absent in some states, others require that you must warn the intruder and retreat, others allow you stand your ground but limit your defensive measures to particular circumstances, while others have a very strong stance that any intruder on your property is committing a crime so you may therefore use deadly force against them. It is also important to have a clear understanding of the legislation AND any related precedent case law. Some states allow the use deadly force in their law, but precedent cases establish only in certain circumstances. Other states don't allow the use of deadly force, but precedent cases have established it is justifiable in certain circumstances. It's your responsibility to know and understand the laws and precedents in your state and how they apply to you... only you can enforce your rights.

I think the variance in rights, laws and precedence is why people in one state think people in other states are kooks... because they don't have the same laws and rights. (in whatever area of the law one may be addressing)
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Old 03-19-2009, 10:38 AM
 
Location: The Woods
17,096 posts, read 22,613,580 times
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Quote:
Originally Posted by marmac View Post
The last 2 posts show a lack of reality and more fantasy.

Contact a lawyer and ask if you can collect whatever fee you desire from anyone who trespasses on your land.

I'll bet he will tell you the trespasser can be fined by the courts, but collecting $$$ beyond actual damage caused is laughable.
Land use fee is not the same as a fine. A fine is levied by the state for a criminal act (trespass is criminal) and that fine goes to the government not the individual harmed. A land use fee is a civil matter. The sign amounts to a contract, in which a person who trespasses on said property agrees to pay the land use fee. Of course, trespassing without permission on the land would also be a criminal matter as well.
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Old 03-19-2009, 10:42 AM
 
Location: The Woods
17,096 posts, read 22,613,580 times
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Quote:
Originally Posted by marmac View Post
I guess one could also put up a sign saying trespassers will be shot.

Good luck with enforcing that sign.

Fantasy, ( not reality)
Varies by state. In some states you have every right to shoot trespassers on sight, in others, you don't.
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Old 03-19-2009, 02:22 PM
 
9,807 posts, read 13,686,634 times
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Which state can you shoot anyone who trespasses on your land ?

I would think all the "homesteaders"-------( or wannabe "homesteaders)-could at least give examples of states where what they are touting is legal .
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Old 03-19-2009, 02:33 PM
 
Location: The Woods
17,096 posts, read 22,613,580 times
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Quote:
Originally Posted by marmac View Post
Which state can you shoot anyone who trespasses on your land ?

I would think all the "homesteaders"-------( or wannabe "homesteaders)-could at least give examples of states where what they are touting is legal .
Texas.
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Old 03-19-2009, 02:37 PM
 
9,807 posts, read 13,686,634 times
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-------the sign amounts to a contract-----

In your mind only

You could take that sign to your "homesteading" outhouse and use it for toilet paper and the results would be the same !

Where in the world do you "homesteaders" (and wannabe " homesteaders" ) dream up these wild ideas ?
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