Trespassers and Landowner Liability in Kentucky (Frankfort: real estate, lawyer, house)

[Pondering92]

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!

[johnsonkk]

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?

[kyfourwheelerrider]

Originally Posted by Pondering92

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.

[missymomof3]

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!

[Davart]

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.

[gardener34]

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.

[T Hall]

Originally Posted by Pondering92

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!

In the State of Kentucky No Trespassing signs have to be posted every 50 feet apart in order to take someone to court F & WLM

[kygman]

Originally Posted by kyfourwheelerrider

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.

I've been told that's a waste of the money you have to pay for the ad in the paper. People don't read those things.

Might want to invest in a couple of deer cameras and set them up around where the 4 wheelers are coming through. Most of the time you can go to the sheriff's office with the data from the camera and, 9 times out of 10, one or two of the deputies will know who it is, or can knows somebody who would ID them.
Legally you need to put no trespassing signs up, but most of those folks will be like "Signs?? What signs?"

But a couple years ago my cousin moved back to W. Ky. to live on family land. He saw signs of 4 wheeler traffic and eventually found out who it was. Took a couple visits to their house but they don't ride through there any more.

And welcome to Western Kentucky! I've lived here all my life......so far!

[CraigCreek]

I had the same problem when I first acquired my own rural, wooded property - a nearby resident was riding his ATV on my property, which he knew had changed hands recently. He never bothered to ask me or even to introduce himself, but claimed the previous owner had allowed him and his kids to ride. I asked his name, then told him that was then, this was now. And I also checked with the previous owner - nope, that had never occurred.

So I posted my land, told the trespasser I didn't want him or his kids riding on my property - yet the problem persisted. So I went to a local attorney, had a cease and desist letter drawn up and sent to the offender via registered mail. That seemed to do it.

I have also occasionally placed "no trespassing-no hunting -no ATVs" ads in the local paper just prior to hunting season, as I also had problems with target shooters literally standing on the road that leads to my property shooting across the boundary line (it's illegal in Kentucky to shoot from a public road as well as to shoot across property lines). In over 12 years, I have had one wild turkey poached on my property, with the feathers, etc. left right in the middle of a path within less than 100 feet of my weekend cabin - very deliberate, or so it appeared. But thankfully, that was a one-time event.

You might want to pick up a copy of the hunting season booklet the state provides - your local courthouse should have it. If not, write Fish and Wildlife in Frankfort. Just to know when to wear orange and keep your head down...or to stay home from your rural getaway. Seasons can vary from county to county, so it's wise to read the booklet listing seasons carefully.

Signs are certainly helpful for law abiding folks who don't realize they are trespassing. or are not welcome. They won't stop scofflaws, of course, but it may help weed out the good guys and lessen the destructive impact ATVs can have on land and also on waterways. Both were concerns in my own situation, and I was also concerned for the safety of the then-young children, as my land is rugged, steep and rocky.

I should probably point out that I DO share my land with invited guests frequently, and am happy to have kids exploring the woods - as long as they are invited, supervised and on foot. I know that none of my guests is going to trash my place or leave a mess behind them. Uninvited "guests" are another issue entirely.

Signs need to be next to the entrances to your property to work best. I know of no one who goes by that ridiculous every fifty feet rule - Frankfort needs to deal with that, as it's an absurd law which favors the trespasser rather than the property owner. You might want to look into gating off any vehicular entrances or tying yellow plastic "no trespassing" tape across ATV trails - it will break if hit by an ATV but is a very visible indicator that such intrusions are not welcome.

Good luck to you.

[kygman]

Pondering, I have an example of how good the deer cameras do. Somebody in southern Graves County noticed somebody had been taking things off their property and put up a couple cameras. They got a good picture of the couple, turned it over to the Sheriff's office, who put it out on a local TV station, besides social media. I saw it on the 6:00 news. On the 10:00 news, they had made an arrest.
https://www.wpsdlocal6.com/news/poli...7f89f09e2.html

To read about the arrests, since I don't want to post their names on here, go to facebook and go to Graves County Sheriff's Office page, and look for the story titled 9-7-19