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Old 04-17-2010, 03:58 PM
 
9,807 posts, read 5,994,056 times
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Also, there are so many " myths" in or state about " walkers' rights" that the DNR ran an article to cover them.

Myth-------there is a few feet space between property lines that one can walk.
-------------false-------both neighbors own every inch up to the property line.


Myth-----along a lakeshore or river, there are x amount of feet one can walk as that is public property.
---------false------the person owning lakeshore or river frontage owns up to the normal water line.


Many people thought they could duck hunt in rivers running through a pasture by walking the high bank and meandering deeper into the pasture if the brush is too thick.

The DNR stated--NO
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Old 04-17-2010, 04:58 PM
 
Location: Interior AK
4,728 posts, read 5,152,020 times
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Yep, the property-line "easements" confuse everyone... it's not a right-of-way, it's just an easement and it is owned and controlled by the adjacent property owners. An easement is basically just a reserved space that you can't build on (although you can put a fence on if your neighbor agrees) because at some point in time it may become a right-of-way. Until it becomes a public right of way that is recorded as such with the registrar and attached to your deed, then it's a private right-of-way (if you & your neighbor put a trail/road on it) or it's an undeveloped easement.

The only easements that are normally "public access" in most areas are section lines between grids or abutments to public/gov't lands... as long as you stay on the public/gov't land side. But the fastest way for a private owner to lose thier property rights on an easement, private right-of-way, or water source is to allow the public to access and use it... wham! adverse possesion and use precedent and you lose your property rights.

I am NOT kidding! I have two friends who lost almost 1/3 of their land and their resource rights because they let other people freely camp in their woods, use their trail/private road or their creek/spring. So, now they have paid for and must continue maintaining land and improvements that they no longer really own and have minimal rights to... they cannot use all their own water from the spring, they cannot cut down their own timber, they must keep the road clear and plowed and they no longer have any control over who comes on their property. It's all been recorded with the registrar and their plot maps and deeds adjusted accordingly, with no compensation for the lose or land use whatsoever.

Each state has different laws, but be very very careful about letting people use your land and resources for any reason. At the very least, charge a nominal fee or have a written "contract" with a finite time limit and terms of use. I let my neighbor trap my back 40 in the winter, but we have a written agreement and he gives me compensation (a couple cords of firewood)... it's the only way that I can legally protect myself from my land becoming his through his use of it.
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Old 04-17-2010, 05:42 PM
 
Location: Interior AK
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Also, with all that in mind, you may find more information about what you need to put on your signs under "Property Rights" and "Resource Rights" in your state's laws than looking for "Trespass". Contact your county/borough Registrar/Recorder and I'm sure they will point you in the right direction.
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Old 04-17-2010, 08:48 PM
 
Location: In the Pearl of the Purchase, Ky
5,290 posts, read 7,240,507 times
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A friend of mine put a swimming pool in his back yard. A deputy sheriff, who was also a friend of his, told him to protect his a** he'd better put a fence around the back yard where the pool was and put the no trespassing signs up PDQ. If he had no fence or signs and a neighborhood kids wandered up to the pool, fell in and drown, he would be responsible. The fence and signs will protect you and, if you catch someone in your pool or back yard, you can have them cited for criminal trespassing.
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Old 04-17-2010, 10:59 PM
 
9,807 posts, read 5,994,056 times
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Quote:
Originally Posted by kygman View Post
A friend of mine put a swimming pool in his back yard. A deputy sheriff, who was also a friend of his, told him to protect his a** he'd better put a fence around the back yard where the pool was and put the no trespassing signs up PDQ. If he had no fence or signs and a neighborhood kids wandered up to the pool, fell in and drown, he would be responsible. The fence and signs will protect you and, if you catch someone in your pool or back yard, you can have them cited for criminal trespassing.
I don't have a pool, but was told the same thing from my insurance guy.
The reason given is a pool attracts kids in the neighborhood.
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Old 04-18-2010, 06:54 AM
 
2,243 posts, read 2,593,890 times
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I fear No Trespassing signs are almost as worthless as speed limit signs anymore. We have two prominently displayed at the entrance to our driveway, and it doesn't seem to matter. Yes, solicitors visit you, even way out in the country.
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Old 04-18-2010, 12:16 PM
 
Location: Interior AK
4,728 posts, read 5,152,020 times
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Quote:
Originally Posted by sirron View Post
I fear No Trespassing signs are almost as worthless as speed limit signs anymore. We have two prominently displayed at the entrance to our driveway, and it doesn't seem to matter. Yes, solicitors visit you, even way out in the country.
Try answering the door with a shotgun, it always works for me Having really big dogs also deters most solicitors and proselytes (a.k.a. The God Peddlars), even if the only danger they really present is the possibility of licking someone to death.
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Old 04-20-2010, 09:16 PM
 
Location: In the Pearl of the Purchase, Ky
5,290 posts, read 7,240,507 times
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Quote:
Originally Posted by marmac View Post
Also, there are so many " myths" in or state about " walkers' rights" that the DNR ran an article to cover them.

Myth-------there is a few feet space between property lines that one can walk.
-------------
false-------both neighbors own every inch up to the property line.
Around here, if you put up a fence on your property it cannot be on the property line. It has to be 4 ft. off the line. That may be what people were going on.


Myth-----along a lakeshore or river, there are x amount of feet one can walk as that is public property.
---------
false------the person owning lakeshore or river frontage owns up to the normal water line.

You're wrong on this one, marmac. I don't remember the distance, but the landowner does not own to the water. My wife's uncle lives on Lake Barkley and we almost bought a place also on the lake. He can't even mow the grass past the Corp of Engineer line to the water. Some trees broke off during last year's ice storm and he wasn't allowed to clean the trees up. One man bull dozed all the way to the water when he built his new waterfront mansion. With the fines he had to pay for that, he could have almost bought a new dozer!


Many people thought they could duck hunt in rivers running through a pasture by walking the high bank and meandering deeper into the pasture if the brush is too thick.

The DNR stated--NO
Best way to solve the duck hunter problem? Some buckshot going over their heads! lol
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Old 10-19-2011, 06:38 AM
 
152 posts, read 189,211 times
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Chapter 933 Oregon Laws 1999
Session Law

AN ACT

HB 2801

Relating to trespass.

Be It Enacted by the People of the State of Oregon:

SECTION 1. (1) In addition to and not in lieu of any other damages that may be claimed, a plaintiff who is a landowner shall receive liquidated damages in an amount not to exceed $1,000 in any action in which the plaintiff establishes that:
(a) The plaintiff closed the land of the plaintiff as provided in subsection (2) of this section; and
(b) The defendant entered and remained upon the land of the plaintiff without the permission of the plaintiff.
(2) A landowner or an agent of the landowner may close the privately owned land of the landowner by posting notice as follows:
(a) For land through which the public has no right of way, the landowner or agent must place a notice at each outer gate and normal point of access to the land, including both sides of a body of water that crosses the land wherever the body of water intersects an outer boundary line. The notice must be placed on a post, structure or natural object in the form of a sign or a blaze of paint. If a blaze of paint is used, it must consist of at least 50 square inches of fluorescent orange paint, except that when metal fence posts are used, approximately the top six inches of the fence post must be painted. If a sign is used, the sign:
(A) Must be no smaller than eight inches in height and 11 inches in width;
(B) Must contain the words "Closed to Entry" or words to that effect in letters no less than one inch in height; and
(C) Must display the name, business address and phone number, if any, of the landowner or agent of the landowner.
(b) For land through which or along which the public has an unfenced right of way by means of a public road, the landowner or agent must place:
(A) A conspicuous sign no closer than 30 feet from the center line of the roadway where it enters the land, containing words substantially similar to "PRIVATE PROPERTY, NO TRESPASSING OFF ROAD NEXT ____ MILES"; or
(B) A sign or blaze of paint, as described in paragraph (a) of this subsection, no closer than 30 feet from the center line of the roadway at regular intervals of not less than one-fourth mile along the roadway where it borders the land, except that a blaze of paint may not be placed on posts where the public road enters the land.
(3) Nothing contained in this section prevents emergency or law enforcement vehicles from entering upon the posted land.
(4) An award of liquidated damages under this section is not subject to ORS 18.535, 18.537 or 18.540.
(5) Nothing in this section affects any other remedy, civil or criminal, that may be available for a trespass described in this section.
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Old 10-19-2011, 07:55 AM
 
Location: Swiftwater, PA
4,493 posts, read 3,157,106 times
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When vacationing in Arizona we bought a heavy metal trespassing sign (we never used it). It reads: “Do you believe in life after death - trespass here and find out!”
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