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#587394 - 07/24/06 04:08 PM
ATV Damage
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Anonymous
Unregistered
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A few years ago we purchased about 20 acres of land about 30 minutes away from us as an investment. It a forrested lot, and we've made some hiking paths along it. We now have locals who are using it to run ATV's on. We've posted the land and have complained to the local and state police, but the ATV's keep running on it and doing damage. Chaining off the entrance does no good. They just go around it. We can't afford to put fence off the property. My husband wants to put down a few 2x4's with nails protruding out of it near where they are entering the property, so that they'll get 4 flat tires the next time they enter the property. I think that even though the ATV'ers are trespassing, we would still be liable for any injury or damage done by the nails. I'm not looking for legal advise, just some opinions. Can you help?
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#587395 - 07/24/06 04:19 PM
Re: ATV Damage
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Power Poster
Joined: Jul 2003
Posts: 2,675
Austin Texas
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My opinion is that if you puncture their tires, they're going to get pretty upset and find ways to retaliate, since it's obvious that they don't respect your property rights. If you know who the locals are why don't you confront them personally?
Also, not sure how pricy this alternative would be - but why not install a hidden camera somewhere that would get a good enough picture that you could press trespassing charges. The upside would be that afterwards you could use the camera as a security measure at your home once this situation is resolved.
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#587396 - 07/24/06 04:34 PM
Re: ATV Damage
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Anonymous
Unregistered
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I would assume that since you and your husband own the land and it is a private property you would be able to press tresspassing charges since technically it is your land. I think it is fair to say that if they want to tresspass your legal rights would to easily put things down to stop them. Its like a park that has those tire poppiong things-- if you tresspass they will blow your tires.
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#587397 - 07/24/06 04:35 PM
Re: ATV Damage
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Anonymous
Unregistered
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Unfortunately, we don't know who is riding on the property, so we can't talk to them. We also have no electric service. Thanks for your thoughts!
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#587398 - 07/24/06 05:22 PM
Re: ATV Damage
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Power Poster
Joined: Nov 2001
Posts: 7,985
FINALLY ABOVE the gnat line
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Is there a local ATV club or store where you could talk to representatives of that particular sport? Perhaps it would help if you posted notice with them that anyone trespassing on the property will not only be held on trespassing charges but be responsible for the damages caused to the property. You might also just speak with the neighbors close to your property. Chances are, they know exactly who's doing this.
Last edited by waldensouth; 07/24/06 05:22 PM.
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#587399 - 07/24/06 05:31 PM
Re: ATV Damage
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Anonymous
Unregistered
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The pervading opinion in the area is that 'it's land, it's open, it's there for every-and-anyone's use'. Old habits die hard. The land was just there forever and ever. Now it's been sold, but the locals don't care. The state police will act if we can find someone, but, if they see a car, they stay away.
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#587401 - 07/24/06 05:33 PM
Re: ATV Damage
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Power Poster
Joined: Sep 2004
Posts: 5,249
out of the frying pan...
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Game cameras are battery operated and get used as land security measures quite a bit around here. Check the hunting section of your local Walmart.
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#587402 - 07/24/06 05:37 PM
Re: ATV Damage
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10K Club
Joined: Sep 2002
Posts: 13,965
TN
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Actually, I like BF's idea.
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#587405 - 07/24/06 06:11 PM
Re: ATV Damage
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Power Poster
Joined: Aug 2004
Posts: 3,778
TEXAS
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I disagree with the putting the nails down too. Even though these people are trespassing, injuring them on your property nowadays give the trespassers the right to sue you, and they will.
Address the situation in a different manner. You said the property was forrested. Then try putting up a fence only where there are openings to the property to assist in deterring the trespassers. Then work your way gradually to fencing the entire property throughout the years.
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#587406 - 07/24/06 06:31 PM
Re: ATV Damage
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Power Poster
Joined: Mar 2001
Posts: 5,063
Pennsylvania
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Another thing to consider is that you may be liable for them getting hurt on your property no matter what the circumstances. If the ground is posted, you may have an argument that they were trespassing, but will likely still be found liable. Make sure that you have insurance coverage to protect you against this.
My brother-in-law was telling me that his friend's son got caught trespassing on the neighbor's property on his ATV. The neighbor happened to be a game commission officer. He flagged the kid down, took the key out of his ATV, and would not give it to the father until the $650 ticket was paid.
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#587408 - 07/24/06 06:43 PM
Re: ATV Damage
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Anonymous
Unregistered
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Quote:
Another thing to consider is that you may be liable for them getting hurt on your property no matter what the circumstances. If the ground is posted, you may have an argument that they were trespassing, but will likely still be found liable. Make sure that you have insurance coverage to protect you against this.
My brother-in-law was telling me that his friend's son got caught trespassing on the neighbor's property on his ATV. The neighbor happened to be a game commission officer. He flagged the kid down, took the key out of his ATV, and would not give it to the father until the $650 ticket was paid.
Our son and his friends were riding on State land in PA and were flagged down by a forestry commission officer, and they stopped. The officer was so surprised that they actually stopped, that he cited them, but gave them no fines, etc, because they were the only ones that had ever stopped for him. Most just turn around and go back into the woods. The officer can not follow them, and the officers have no idea of where the riders came from.
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#587409 - 07/24/06 06:45 PM
Re: ATV Damage
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Anonymous
Unregistered
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Quote:
on a more grim note, you could put up a barb wire fence on the trail where they usually ride. just 10- 20 feet of it. Only one will have to hit it before the rest get the message.
Original Anon here - wouldn't this be the same as the spikes?
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#587410 - 07/24/06 07:00 PM
Re: ATV Damage
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10K Club
Joined: Jun 2004
Posts: 19,858
Pulling people out of the ditc...
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well, if you can't afford fencing the property, what about cutting down a few trees to act as trail blocks where they are going in? Or, renting a front end loader for a weekend and digging some steep ditches at the access point? Both are relatively cost effective methods...
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#587412 - 07/24/06 07:05 PM
Re: ATV Damage
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Anonymous
Unregistered
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Quote:
well, if you can't afford fencing the property, what about cutting down a few trees to act as trail blocks where they are going in? Or, renting a front end loader for a weekend and digging some steep ditches at the access point? Both are relatively cost effective methods...
Trees/rocks/etc are obstacles that they ride around. The state has done this on trails they try to keep people from riding on, and it doesn't make a difference. Same thing with a ditch. They would either ride around it, or through it.
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#587413 - 07/24/06 07:07 PM
Re: ATV Damage
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Anonymous
Unregistered
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Quote:
What kind of damage are they causing?
We've planted flowering trees, berries, etc and they ride right over them. We've contemplated putting in evergreens and then using them as Christmas trees, but they'll either get ridden over, or cut by someone else before we can cut them.
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#587415 - 07/24/06 07:12 PM
Re: ATV Damage
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Power Poster
Joined: Nov 2001
Posts: 7,985
FINALLY ABOVE the gnat line
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And these are probably the same people who would be up in arms about their property rights if someone started a zoning initative in their neighborhood!
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"Once you learn to read, you will be forever free."
- Frederick Douglass
My Opinion Only.
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#587416 - 07/24/06 07:23 PM
Re: ATV Damage
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Anonymous
Unregistered
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Quote:
Would it help to put the "guard" fencing around your new trees and bushes??
We have been doing that lately, and it helps. It's just the idea that we have to spend money to protect something that's in the middle of 20 acres of land where no one should be. We always taught our kids that private property is just that - Private and you keep off of it unless you have permission from the owner (not their son/daughter, but the actual owner). These kids don't care what they do or where they ride. They cause damage to the paths and erosion to the soil. We were able to identify one about a year ago and went to the parents - they couldn't have cared less, and basically challenged us to prove it. It's just sad!
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#587417 - 07/24/06 07:25 PM
Re: ATV Damage
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Diamond Poster
Joined: Mar 2005
Posts: 1,655
Boise, ID
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We had a problem around here with people putting up wire around their property. When they'd run their snowmobiles or ATV's across the property they didnt see it and it killed them. I wouldnt suggest doing anything like this. 
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#587418 - 07/24/06 07:38 PM
Re: ATV Damage
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Anonymous
Unregistered
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If you live in a small community, you could always put a notice in the local newspaper(s). Something to the effect of "No Trespassing on John & Jane Doe's property located at ______, this includes 4 wheelers, bikers, blah blah blah. This property is posted. Anyone who violates this will be prosecuted". If you wanted, you could even explain in the notice that "property is being damaged, and anyone caught without written permission from the owner will be prosecuted."
If you did decide to go with the barbed wire approached, I would definitely tie bright colored ribbons/strings across it.
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