Trespass prosecution

[Jeff H]

Opinions please. Would these pics be enough to prosecute and win?
My neighbors and I are in a boundary dispute. The pics clearly show my No Trespass purple band on the tree they walk by. I've been there 18 years. Them 1.5 years.

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[Buckeye]

You would think,contact a lawyer and see what he says. Do it before hunting season it could get really bad if your in your stand and they come walking by. Good luck

 

[Chainsaw]

Here trespassers and other criminals go before a town justice. So I went to the town justice to see what he would accept in a picture as proof of trespassing. As he answered me I would think purple ribbons in the picture would not prove which side of the line they were on to our justice. The justice told me that a picture with a recognizable tree in the background was not enough;How would the justice be able to determine it was my tree just looking at the picture;the justice would not have the benefit of walking to the location to see the tree to verify the charge.

So it is maybe a good idea to check with your local justice if it is a system like ours.

 

[Jeff H]

Thanks Chainsaw, that's exactly what I'm looking for.
If you notice they are on both sides of the marked tree in the two different pictures. I wonder if that would make a difference.

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[Mennoniteman]

Jeff, You have a right to be upset about trespassing. But before you press charges think it through and make sure it's worth it to risk escalating the dispute with a neighbor who's probably always going to be there. For myself I've overlooked some similar infractions by neighbors in the past, eventually the whole thing died a quiet death and just kinda went away. Just my 5 cents. Allen

 

[Jeff H]

They have been a burr in my saddle from day one when he told me he would spend his opening morning iny box blind.
They are city people who think if a piece of land does not have a home and fence on it then it's theirs to use as they wish. Now they say my road is on their land.
I'm done!

 

[catscratch]

Document, document, document! Keep pics, write down conversations and dates, send certified mail and keep copies for yourself (I know it seems weird, but you may have to document that they've been told that you don't want them trespassing), and post signs. I met a guy once who posted that his land was leased for $XXXX dollars per day of hunting. Once the poachers were caught taking a deer he took them to court separately with a suit for the lease rate as they had "hunted" his land and owed that amount.

This is extreme but it sounds like you are to that point. Good luck to ya!

 

[X-farmerdan]

Every locality is different. There's the law and then there's what the people administering law and justice might want to pursue. Here, we have a good relationship and personal friendship with some of the local enforcement folks...who are hunters also. There have been times when I asked Joe (Law) what he thought about the situation. More than once he took the picture and made a visit to the offender just to remind them of the consequences of their actions should they, in fact, be in the wrong. Sometimes it helps. Sometimes it doesn't. What it does do, though is establish a documented trail of actions that might be valuable should further steps be necessary.

 

[Jeff H]

Document, document, document! Keep pics, write down conversations and dates, send certified mail and keep copies for yourself (I know it seems weird, but you may have to document that they've been told that you don't want them trespassing), and post signs. I met a guy once who posted that his land was leased for $XXXX dollars per day of hunting. Once the poachers were caught taking a deer he took them to court separately with a suit for the lease rate as they had "hunted" his land and owed that amount.

This is extreme but it sounds like you are to that point. Good luck to ya!

Thanks, good info.

 

[Jeff H]

Every locality is different. There's the law and then there's what the people administering law and justice might want to pursue. Here, we have a good relationship and personal friendship with some of the local enforcement folks...who are hunters also. There have been times when I asked Joe (Law) what he thought about the situation. More than once he took the picture and made a visit to the offender just to remind them of the consequences of their actions should they, in fact, be in the wrong. Sometimes it helps. Sometimes it doesn't. What it does do, though is establish a documented trail of actions that might be valuable should further steps be necessary.

I agree with what you're saying. I have called the sheriff twice already so there is documentation of that plus the guy shot down a power line last year and that should be documented with the electric company. I've done what I can to be neighborly and nice. I don't hunt the lines (he does). I give a 100 yard buffer before setting stands. Off season I keep my activity to mid morning vs early morning just to be respectful. I've offered up advice on hunting (he had never hunted before moving here), I've talked to him calmly yet firmly about his shooting targets which set on my property line with my blind (and my family) 96 yards down range.
I'm done now. I'm not looking to warn or scare them at this point. When I move forward with this issue now I will hold nothing back.

 

[Hoosierhunting]

Along the lines of Farmer Dan's comment, it's usually easier to curb by a visit from local law enforcement than through the court system. Not sure about your state laws but the fact it's a purple ribbon and not a no trespassing sign might not be enough to over come the burden of proof. Around me, you almost need to have a LEO called out and see the trespassing firsthand in order to get a court conviction. Having a friendly on the local sheriffs dept. that could pay them a visit and stop the issue before it becomes a court matter would be my preference.


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[Hoosierhunting]

I agree with what you're saying. I have called the sheriff twice already so there is documentation of that plus the guy shot down a power line last year and that should be documented with the electric company. I've done what I can to be neighborly and nice. I don't hunt the lines (he does). I give a 100 yard buffer before setting stands. Off season I keep my activity to mid morning vs early morning just to be respectful. I've offered up advice on hunting (he had never hunted before moving here), I've talked to him calmly yet firmly about his shooting targets which set on my property line with my blind (and my family) 96 yards down range.
I'm done now. I'm not looking to warn or scare them at this point. When I move forward with this issue now I will hold nothing back.

Shot down a power line? Sounds like a special breed of idiot.


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[KyDeerSteward]

I hope you are successful. I do think some organizations are working with states to better follow through with legit prosecution and penalties. Sounds like it could be a good case for one of them to use as a case example as a possible resource or extra card in your pocket.

 

[Jeff H]

I hope you are successful. I do think some organizations are working with states to better follow through with legit prosecution and penalties. Sounds like it could be a good case for one of them to use as a case example as a possible resource or extra card in your pocket.

Do you have a name of these organizations ?

 

[KyDeerSteward]

Do you have a name of these organizations ?

National Deer Alliance for one, possibly Sportsmen's Alliance. I think QDMA was at least to what extent they could, though that focus may be moved over to NDA more because politics can be problematic for charitable organizations.

ETA: wish I had specific references, just thinking aloud on some things I've read on various news feeds and don't recall exactly which.

 

[buckdeer1]

I wouldn't rely on any of those organizations to give a rats butts about this guy trespassing on you,other options might be after sending a certified letter telling him he doesnt have the right to be on your property look at stringing even a single smooth wire fence.Make sure you know what the purple paint means also,in Kansas it means No hunting,fishing or trapping without written permission,this doesn't mean you can't stroll across the land without written.I would look at putting up written permission signs if your state follows that also.When will you find out about survey?

 

[THE LLC]

Those pictures are good enough. Have a local LEO go with you and show him the setup and the pictures. I am told by LEO's here in GA that a cop can write you a ticket for speeding just by watching you and "estimating" your speed (supposedly, in order to run radar they have to prove they can do that within a few mph in 95% of the cases so it carries some weight). If that's true, having one see your setup and look at the pictures, he should be able to effectively testify before a judge that, yep, they's trespassing.

 

[swat1018]

Call your Conservation Agent. I would ask him to visit the property, take him to where the camera is, and show him the pictures and the spot in person. Explain to him the issue and let him deal with it. I have had great luck with MDC Conservation Agents doing their job. If he sees the situation and believes there is probable cause for an arrest, he may file the charge.

 

[Bowhunter]

Be advised, that different states have different trespass laws.

For instance; in Pennsylvania it's almost impossible to have somebody arrested for trespass, where here in New York, it's fairly easy with the type of evidence you've obtained. Like others have mentioned, it's best to get a hold of your Conservation officer or LEO. They should know all the info that you'll need.

 

[Jeff H]

I wouldn't rely on any of those organizations to give a rats butts about this guy trespassing on you,other options might be after sending a certified letter telling him he doesnt have the right to be on your property look at stringing even a single smooth wire fence.Make sure you know what the purple paint means also,in Kansas it means No hunting,fishing or trapping without written permission,this doesn't mean you can't stroll across the land without written.I would look at putting up written permission signs if your state follows that also.When will you find out about survey?

I definitely have some details to sort through. I'm going to make some calls this week to see what it is that I need to have for a successful prosecution, I'll make the necessary changes and see what happens.
As far as the survey goes I don't know when it's going to take place. I was told this last week by the property owners. I set cams up on the line so that I would know for sure when the survey was done. That's actually how I got the pictures.