Yikes, man slow down and at least try talking to the tresspasser the first time. And then bring law enforcement into it if needed. I hate saying what I'm about to say but here we go................................................ ......."WHY ARE MY GOOD FRIENDS TO THE SOUTH SO QUICK TO REACH FOR A FIREARM" Guys I travell in remote area's a lot and never carry a firearm. I have a hard time picturing going out for a walk or ride in the bush and strapping on a 9mm evertime.

 

Really interesting thread because it allows us to all see the other side of things (the land owners perspective) and also shows how much more serious a tresspasser is when armed with a firearm than with a atv or dirt bike.

Being this is an atv site I think its actually a good topic and maybe we will even find a solution for the growing problem of riding on private property that will ease the stress on both sides of this issue.

Due to the rediculous cost of land in this area (and my not being willing to pay for it, and even afford it in some counties lol) and dense population I have not had to deal with the amount of tresspassing as discussed here as a land owner, but have had other situations arise on my property, and also I am sure I have been on private land more than once while riding.

What I have found from both situations is that nothing is accomplished from having a confrontational, negative attitude or being obnoxious and arrogant by either side of this. When I have had to deal with this from either side I have always tried to start off on a positive note and explain the situation calmly. This could be appoligizing to a land owner for my not realizing or knowing it was private property, or as simple as explaining to a tresspasser that as the owner I would like that they leave and not return etc.

Starting off in a polite and respectfull way is a good idea for either side and should eliminate most chances of confrontation, and since no one likes to be "called out" for screwing up or yelled at etc you just removed the things that normally start most confrontations.

What I have found is that most people who are tresspassing either didnt know it, or thought that it wasnt a problem, or didnt think it was a big deal etc., but there are owners who are very sensitive to people being on their property without permission as well as those who are not as concerned. It seems that when the tresspasser who doesnt think its not a big deal meets up with the owner who feels he is protecting his land and that may have had problems with others before. These two personalities of opinions can clash really hard, and that can lead to trouble.

I know this can get interesting when the tresspasser is armed (a hunter etc) and even more so when the land owner is as well. When that hunter is also on drugs and using stolen shotguns or rifles like was described earlier it creates an even greater potential for disaster. It was great to hear that situation didnt end with anyone being shot of killed, but the potential for this to happen was obvious. This is why all parties need to be cautious when confronting, or being confronted, and though a dose of being preparred for what may occur isnt a bad idea for all concerned just politely explaining or talking out the situation hopefully will settle things.

Personally I know damn well I would rather let the po po deal with an armed tresspasser who wasnt willing to listen to reason and respect my right for not wanting him on my property, but I still believe that most people are inteligent enough to understand why though they may have used this land for however long that now they are not longer able to use it and will respect those wishes.

I cant speak for anyone but myself but I have to admit I have seen more arrogant and insulting attitudes from land owners than from tresspassers, and though the landowner may be within his right to control the use and access to his property this approach is what leads to all the problems (most times anyhow).

So check with your local and state laws to be sure your putting up the correct postings etc and even consider to hang a few that specically make notice to it being private property and no hunting, or offroad vehicle use etc so that there is less chance of it happening inthe first place, and also so that those tresspasser with even half a brain will be less challenging when approached.

Oh and lastly keep those trails clear, and send written permission to ride to all the members here [img]i/expressions/face-icon-small-happy.gif[/img]

 

I do not call the police as the first step, in my opinion the best bet is to approach the individual from a point they can see you well before you are there, don't go running dirrectly up to them this gives them time to realize that you are not tring to be a threat so to speak, stay calm state what you have to state (a litle chit chat before hand never hurts) and leave it at that. Always have someone with you if possible or have a way of contacting someone that is within ear shout (while hunting 2 way radios are great) the presence of a firearm in your posession is a good idea but try not to make it seem as though you have it for protection but more as a coincidence if they refuse to leave after you explain that they are on your property leave them alone and head down to the house and get police or wildlife officials. Around here we seldome have problems with trespassers who won't take off if they see you comming (if they are aware they aren't suppose to be there) and they usually don't return and if they aren't aware it is private property they are usually very easy going. Just my .02

 

Chew there A$$ and tell them to get the F()ck off!

 

I have past law enforcement experience also. What rescue diver said is exactly the right thing to do. Law enforcement is paid to take risks so you as a property owner do not have to. Even if you think you are justified in using some sort of force, you may end up sitting in the defendant's seat wearing an orange suit. If your life is taken away from you, either by another person or a judge and jury, you will quickly realize how much better it would have been for you and your family if you had taken an extra moment to think things through and to act appropriately.

 

How bout calling in a game warden....... tell them you suspect trespassers hunting on your property. Make it very clear to the warden that anyone you have given permission to will be carrying a signed permission slip ( or some proof of permission)...... anyone he finds that doesnt provide the proof on demand is his to deal with. Perhaps suggest he first gives the trespasser a warning, and if he later returns you can have him charged with trespassing?

 

I always approach them with a casual demeanor and if they are armed (hunters) then I stand next to cover when I'm talking to them, a big tree rock whatever is handy just in case they are a wacko. I will ask them if they are seeing anything, or if they had any luck whatever. Typically that will throw them a bit off guard because when they are trespassing they will be tence and geared up for a confrontation. A simple off topic conversation will ebb some of that tension then you can broach the subject later on. You can ask them how they found this place or who told them they could hunt here, they will most likely lie to you but if you let them lie to you then you can go with it, that way they will have an escape route out of the conversation. Just imform them that Joe or Jane etc doesn't own this land that you do and you like people to ask permission first. They'll likely say oh im sorry I didn't know and you can let it go at that...

If they are a jerk and rude to you or move the gun in your direction then just say ok and walk away with cover at your back, don't just strut across an open feild with them to your back you never know, they might just put you in their cross hairs. Then CALL THE COPS tell them exactly what happend and how you felt threatend. If they moved the gun in your direction then that becomes a deadly threat or even terrorist threats if they say they gonna shoot you or hint at it. The cops won't go easy on someone when a weapon is involved.

 

DirtyDude, thats a good idea on asking them about their luck, and throwing some tension off!

 

Dirty Dude has the right idea. Lots of people stray from the state game lands and end up on my land. I've even found people camping in my fields including a small scout troop one time. I always say "how's it going" and let them know it private property -- and "since your all set up here, just go ahead and finish out the day but let's not do it again."

Also, lots of people stop and ask if they can hunt on our land. We let them go on one side of the road (110 acrea) while we reserve the other side (45 acres) just for family. We give them our business card and write "hunt" on the back and sign it. This is their ticket -- not like we are checking, but it gets around that there are those who "belong" and those who "don't belong."

But I must say its getting crowded -- tough to find a place to stand at 6 am. Plus we have one of the few bridges (foot-log actually) for miles so we naturally attract hunters and fisherman. Its not much of a problem but hate the people who shoot close to the road, shoot from their trucks, and litter (much more of a problem with fishing than hunting).

 

DrRod when you say, its getting crowded, do you mean its your land that is getting crowded or general area? i don't think the area is. are there more hunters or less hunters? in the population.