Keeping tresspassers at bay legally

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Keeping tresspassers at bay legally

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This question isn't exactly gun related, but I couldn't think of a better place to ask.

I am from Illinois. Over the last few years, my deer hunting has been screwed up by dirtbikers on a daily basis. Some lady essentially makes a living off of my property, since her dirtbike track infests my land with its riders.

I have tried signs, and using fence. They tear the signs and fence down as soon as it goes up. Today I walked out into the woods with a .45, and made some noise anytime one got near me. I yelled at them and told them to GET OFF MY PROPERTY. I had about 8 bikes run into me in 20 minutes. This is downright making me angry. I want control of my property and I don't want these little punks on it, ever.

How can I legally stop them? I want to put a 2x4 with nails in it burried under every trail. Can they sue me if they fall on a nail? Is there a legal way I can do this, like warn with a sign that their tires will be popped if they enter?

This has just gone too far. I have no privacy, I have bikes riding in what is my yard and they don't even care that a house is there. They all know that they are over a mile off of the riding property, and they play the little game like they are lost when you confront them.

Thanks.
Click to expand...

Please tell me you don't live in Ottawa IL.
 
Jeff White's first post is the best answer. Mark the line and have an attorney wirte a letter to the neighbor. A local LEO should help. If there are established trails being used, put up barriers -- marked cable is what Weyerhauser and other timber companies use. "Severe tire damage" signs may help.
Some states do allow "booby traps" if there are warning signs ("Guard dog on duty" works for residences and junnkyards), but I wouldn't try it in Illinois. Ask your local lawyer.
 
There are many things you can do that would ruin the day of any rider but would not be a boobietrap. Lots and lots of thorney flowers. Chainlink fence that is electrified with some "GAY HORNY SASQUACH" signs on it.

Cut soem trees down "Because they are dying" across the trails.

In CA the tree huggers would take a shotgun shell and some pipe and plant them in trails so when the front tire hit the device it would set off shotgun shell wounding or killing people. That is a booby trap. 5# of rusty nails dumped in a field is not.
 
Pepperballs are the answer, after of course filing a complaint with your sheriff and sending a formal letter to your neighbor. Get a lawyer also.
Destruction of property is not a petty crime, so if you get it on file that your property is being damaged/destroyed.
 
If there is a path or "track" that they are using, I like the sound of the following:

AT THE PROPERTY LINE: Prominently posted - "Private Property, no riding or hiking. Path obstructed ahead"

100 feet later: "Path obstructed, you are Trespassing - turn around, no thru traffic"

50 feet later: Razor wire and huge logjam with sign posted "Trail Ends, no traffic or admittance beyond this point. Trespassers will be prosecuted"

Now, if it's not a path/trail you are trying to defend but an open stretch of prarie a mile long, then you have got a situation. It's very difficult to physically defend that much open space. I like the blackberry bush option but it will be hard to get them started if the traffic is daily. Maybe get them started everywhere except the one place they bikers are using, then in a year or two when the bushes are growing strong then block the path?

You might have to resort to video cameras and prosecution. Expensive and time consuming. You might not have any GOOD answers to this situation.
 
Gather evidence of the trespass without them knowing it. File a civil case against your neighbor for the $85 filing fee. In court when they lie and say that they never come onto your property, POW. Show your evidence. You get an injunctive order and if they do it again, their in jail. :neener:
 
For a long term barricade solution consider planting Osage Orange/ Bois D'Arc/Hedge apple as a perimeter barricade. grows fast, thorny and you can sel the straight trees to bowyers later in life.
 
tresspasssss

O.k. In history, the king gave you "right" to the land out into the sky--you were keeping it for the king (You did NOT own anything, just on loan from God and God's man, the king...). U.S. did the same until aircraft then they limited it to 7,500 feet or so.

So formerly the person who stood on one side of your land and threw something (a rock???) across so it landed outside your land, STILL TRESPASSED.

First order of business is proof. With the widespread availability of cameras, even in phones, you should have no problem documenting your problem. The more the better. MAKE COPIES. Save in secure place(s). Don't have it all in one place so if your house or shed burns down it is gone! Ohyes, if you wish to go "old fashioned" and set up a camera with a flash so the biker trips the flash and is blinded for a time... poor baby... your land... you were trying to photograph wildlife as in animals... where the biker lands is not your concern. Just call the EMTs and then follow the boob to the hospital (EMT's will get his/her info) so you can bill them for messing up your wildlife set...

b). what do you care to do? You are permitted any lawful use of your land, by law, with proper permits. Now if you "booby trap" the trail... "shame on you." At the same time, if you have the proper permit/permission to store "junk" on your land, or "recyclables"... , say a stack of metal fence posts, or used boards with nails in them... in weeds where they are not easily seen... car bodies... or just frames... loads of gravel (you might even charge the owner rent). grain? ... and "no trespass signs" in the area... The trail on your land is yours and you can do with it as you please, subject to permit... Bikers hit them... tough... In fact you can follow the SOB to the hospital to get their name so you can sue them for damaging or scattering your "recyclables!!!" Bleeding on your used lumber... And as a good citizen, you insist on calling the EMTs/ambulance... The boob might be hurt! EMT's have badges and can compell the person to provide information. You cannot.[This could raise the cost of the insurance on the bike A TON!]

Then there are the sticker plants that put thorns thru the sidewall of modern tires like it isn't there... Ask extension. Say you don't want them messing up your tires when you drive around working on your land. Then find yourself some REAL SIX ply side wall tires. And cactus juice.

THEN, as suggested, you file WRITTEN COMPLAINTS with every legal authority you can think of. States Attorney General down to c ounty attorney and city attorney. (At the same time, you complain loudly to elected officials... don't forget to mention that you will see that this is discussed in the next campaign, unless you are happy with the outcome and forget... "when they feel the heat, they see the light...")

At the same time, this lady who profits "owes" you a share of the money (and if she ends up in the "red" guess what she will do? QUIT!) for the use of your land. Have an attorney send her a bill. Unreasonably large, but then her conduct is unreasonable. (Don't talk about this or your neighbors will too and there will be less for you.)

After a couple bills, threaten to sue. (You didn't think she would pay willingly?) Then sue. You could keep it low enough, each bill, that you can use "small claims court" by yourself. That can be fun. You show the judge pictures and copies of the bill for the use of your land. Cite some state statue law and a couple similar cases. (Finding cases involves visiting a legal library. One in every county seat. For the courts, but if you are patient and ask nicely, often they, WHEN NOT BUSY, will help you. You do pay for it with taxes...) She may well not show up in small claims court. Then put a lein on her land. And in 5 years? 10 years? unpaid, you own the land... (Ask a lawyer.)

Enlist the greenies to whine about all the pollution that she is permitting with all those bikes (2 bangers??? with oil/gas mix???) in the newspapers... She could look like a real WITCH... (any spelling)...

Basically, you make her life more unhappy than yours and she will quit. You don't and she will continue. luck
 
Appears to me that the good news and bad news in this situation is that the problem is being caused by the neighbor's business. Bad news in that it is resulting in lots of trespassing riders, but good news that it should increase the chances of turning things around and getting the trespassing to stop.

My recommendations (worth everything you are paying for them, and IANAL):

1. Make sure your property is posted in full compliance with state and local requirements.

2. Request that sheriff or local law enforcement visit the scene, preferably during a heavy riding period to observe and get on record your posting of the property line and the evidence (trails, ruts, damage, etc.) of ongoing frequent trespassing. File any formal complaints that are available.

3. Talk to the business/property owner in a civil but firm manner and make it clear that the trespassing on your property by the riders she is inviting onto her property is unacceptable and is causing damage to your property and loss of the use of your property that you are entitled to. Point out that since she is inviting the riders there for profit, it is her responsibility to keep them on her property rather than your responsibility to keep them out of yours. You have lived up to your responsibilities by posting your property and filing a complaint with local law enforcement. If she chooses to not take reasonable and effective actions like installing and maintaining a fence or barrier on her side of the property line that prevents riders from leaving her property, make it clear you will avail yourself of all legal means to see that she does so, and in addition pays for all damage to your property, compensation for loss of use, and all of your legal fees necessary to obtain her payment of costs and compliance with the law.

4. Consult with local law enforcement (sheriff and prosecutor) to determine what criminal actions might be taken against her and the business for not taking reasonable actions to prevent the ongoing and reasonably foreseeable trespassing by those she is inviting on her property.

5. See what free civil legal advice you can get, or better yet take the money you would have spent on a fence that the trespassers would knock down and and pay a lawyer to tell you how strong your civil case is given local laws, and what your chances are of prevailing with civil suits and claims for damages and legal fees. Key point is what is her business liability for the actions of her customers in this case.

6. Based on the results of the above decide how you want to proceed. Action through LE, small claims you file yourself, lawyer-assisted civil suits, or a combination. After that it will be a matter of documentation and follow-through. Almost certainly a long and tiresome process, but you should get there eventually. Worst case, if LE and the lawyer say you have a weak to nonexistent case - post your land, put up as stout a fence or barriers as you can afford, and harass with frequent small claims and police reports.

Good luck.
 
We have spoke with the local land owners adjacent to the property and it appears they are in this same position about the riders, and have had it as well.

Apparently, and without even making this suggestion, they have already contacted and have plans to post off-duty law enforcement officers at the property lines. I don't know if they will be ticketing or arresting, but they want to setup at the initial fence sites so that it is very clear when they start to tresspass and that it is certainly not unintentional. They have also spoke with a lawyer and are preparing for a possible civil case, which to make things simple I will not become a part of. So far they have sufficient evidence gathered from dated photos they have took during the whole year. I guess they want a correct fence out of it or they will see what other actions can be taken. Glad to see someone has already taken sufficient actions and I don't have to.

I certainly am not booby trapping anywhere. My first post was more in rage than anything and I do realize this is grounds for getting me into some big trouble, so I quickly reconsidered that thought.

Thanks guys.
 
"Not Exactly Gun Related"

How true.

Yes, this is the Legal forum, where we discuss firearms-related legal issues.

The OP has my sympathy, but I hafta say, much as we love to help, this doesn't really belong here.

However, there is GOOD NEWS -- which has nothing to do with my car insurance -- and that is the Armed Polite Society, where this would be a welcome thread, is also sponsored by Oleg and hosted by Derek, and many of the same fine minds you see here are also active there.

So I invite you to take this discussion over there and continue to bounce ideas off of one another.

It's a good topic and a good discussion.

Too bad this isn't the right place.
 
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