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When someone wont get off your property..?

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Mike Christian

02-17-2002 17:45:07




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I dont know if this is a federal law or NY state law, But if someone refuses to leave your property, after being asked, Is there anything that can be done besides calling the police and waiting for them to arrive? According to a neighbor, he said you could go after him physically, But I doubt that. Anyone know? Would it then be considered trespassing?
Thanks




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Ken

12-09-2003 19:07:48




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 Re: When someone wont get off your property..? in reply to Mike Christian, 02-17-2002 17:45:07  
Carry a small bag of sugar with you , or some sugar cubes . Put them in their gas tank . Or drive a couple potatoes up their tailpipes . That'll make em sweat & get the idea that they shouldn't have been there .



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A. D.

02-21-2002 21:53:36




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 Re: When someone wont get off your property..? in reply to Mike Christian, 02-17-2002 17:45:07  
I did not do this but one of my hunting club members did it. We had a gate blocking acess to our property but some individuals just began driving around the gate. He got a piece of board drove spikes through the board and burried it in the path around the gate. Heard through the grapevine someone happened to have four flat tires close to the gate. Wonder how that happened?? Problem was not as bad after that. You probably would be liable though with todays laws though IF they proved you put it there. Just remember were the board is and maybe move it around often. Check with the local Game Wardens. They have more authority than other law officers in our state and seem to care more about individuals rights if there is something to do. Just my opinion. Hey maybe they could find them hunting out of season?

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THE EXTERMINATOR

02-21-2002 08:01:09




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 Re: When someone wont get off your property..? in reply to Mike Christian, 02-17-2002 17:45:07  
Put an old mailbox on a post and a sign that reads "WARNING ABANDONED MILITARY MINE FIELD, TRAVEL AT YOUR OWN RISK, PLEASE PUT 2 FORMS OF ID AND NAME AND PHONE NUMBER OF NEXT OF KIN IN MAILBOX BEFORE ENTERING MINE FIELD"



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Duane OH

02-20-2002 10:51:19




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 Re: When someone wont get off your property..? in reply to Mike Christian, 02-17-2002 17:45:07  
Well, we were told to put up signs and post lanes. Still didnt stop some people. Used to luv being asked if I had permision to hunt our own land. Got to be more fun hunting hunters with a neighbor! He forced a hunter to disassemble his 870 and remove it one piece at a time, about 3/4 mile walk to his truck. He was pissed, said ok, one of us will go call the game warden, he shutup and started walking. My brother and I were back a 1 1/2 mile lane on our farm (posted at road) to get hay. Had his damned truck blocking lane. Turned tractor around had hooked to the frame. Took his truck right back to the no tresspassing sign and left it there. Never did see him again, but we did see the tow truck!
Remember.. If you look like you are right out of Deliverence, you tend to get left alone.. and thats fine by me.

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Frank

02-20-2002 16:19:23




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 Re: Re: When someone wont get off your property..? in reply to Duane OH, 02-20-2002 10:51:19  
I know one guy around here that will remove all four valve cores on any unauthorized vehicles he finds on his ranch. Then he'll call the game warden.



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Big Jim

02-19-2002 14:32:50




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 Re: When someone wont get off your property..? in reply to Mike Christian, 02-17-2002 17:45:07  
This is a very interesting topic. I think some of the responses are appropriate and others are little overboard. While I certainly agree that no one has a right to trespass on private property, we need to use a little good judgement out there also. While it may feel right to brandish a weapon or intimidate with dogs, etc.; that is a hothead over reaction that can get you into a lot of trouble.
First of all why is the person on the property? What is he doing there? Did he just walk on the property and isn't phyisically damaging it? Is in the process of destroying something? Most of the time its best just to ask him to leave. If he won't leave call the cops and wait. Like some of the others said get all the information you can, license number, etc.
If the person threatens you with force, then common sense certainly dictates the use of any reasonable force to protect your life BUT remember the other person has to initiate the force. If you initiate the force then YOU will be the one answering criminal charges. No property is worth getting killed over. This is not the "wild, wild, west", we don't shoot first and ask questions later. Remember you don't really know what another person's motive is unless you can read minds. You just can't make assumptions and fly off the handle right away. Cool heads always prevail.

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B.C.

02-19-2002 13:21:58




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 Re: When someone wont get off your property..? in reply to Mike Christian, 02-17-2002 17:45:07  
Get your land posted. That won't hurt when and if a cop shows up after you call them. Get as good a description of them as you can, especially license numbers.

Getting physical is not a good idea unless they attack you first.

Few years back up in N. Minn, a farmer forcible ejected a couple of hunters that were trespassing on his farm during hunting season. He shot near them, and kicked them in butt a few times getting them off his land.

Since he'd used a gun in doing that, he spent three years in the state prison for that with no chance of parole during the time spent.

The year after it happened the sheriff's department made a more serious effort to contain trespassers.

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Canadian Cowboy ( My Two Cents ) )

02-19-2002 09:52:44




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 Re: When someone wont get off your property..? in reply to Mike Christian, 02-17-2002 17:45:07  
Don't realy have any problems with people not leaving, most people tend to shy away from stepping on the property in the first place.

posting signs is about a useless as you knowwaht on a bull. If people wanna go some place they will walk right by them or tear them down, same as fences and any other kind of barrier.

Most people shy away from even getting out of there cars on the ranch, as soon as they hit the top of teh drive the dog jumps on them, lets just say her bark is a lot worse than her bite.

even if no one is home, and they get passed the dog then the animals take over, some one walking around where there not supposed to be might find them selves running back out the same way they came in because hot on there heals might be a a realy cranky ram or two.

IF people have any smarts they don't mess around being some place there not supposed to be, and if they don't have any smarts they find out the hard way to stay out.


And if none of this all works you take down there plate #, hop into the old truck, chuck in a couple of lawn chairs, beer chest and have a sit down protest in that yuppies front yard in town. Just tell the cops you whee invited to his barbaque, that he doesn't know about yet. <:-)

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Dave 2N

02-18-2002 19:26:38




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 Re: When someone wont get off your property..? in reply to Mike Christian, 02-17-2002 17:45:07  
I live in NY and I'm sad to say that all you can do is call the cops and wait for them to arrive (unless you are in physical danger.) Then, if a NYS Trooper responds, don't expect much help; be prepared to listen to them spew a lot of the current politically correct sociological garbage. I used to have a lot of respect for the "Troops" but they too seem to have been indoctrinated to believe that there is no such thing as landowner's rights.

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Denny

02-18-2002 16:04:57




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 Re: When someone wont get off your property..? in reply to Mike Christian, 02-17-2002 17:45:07  
Have you ever heard of the three s's? Shoot shovel and shut up!



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Mike

02-18-2002 15:43:58




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 Re: When someone wont get off your property..? in reply to Mike Christian, 02-17-2002 17:45:07  
Here in maryland the property owner really has no rights. If you told the trespasser to leave, and he did, but tripped over a stump while leaving, you are liable for all his pain and suffering,(lawsuit) and it will stick. If one of the kids that belong to the city slickers that just moved in next door runs into your tractor while illegally riding a 4 wheeler you are liable. This is why my attorney recommended carrying $10,000,000 of liability ins. because I own the farm free and clear. It has gotten to the point where I can't afford to live here any more, my taxes and ins. together are over $11,000 a year

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Ray

02-18-2002 18:34:57




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 Re: Re: When someone wont get off your property..? in reply to Mike, 02-18-2002 15:43:58  
I would think that much insurance would be
overkill,The ones I talked to recommend 1 million,
if you have any assets.You would get free legal
representation because an insurance company
isn't going to spend that kind of money without
a fight.I've been told that now here in ohio
a property owner can't be sued by a tresspasser.



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John in Maryland

02-18-2002 17:17:48




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 Re: Re: When someone wont get off your property..? in reply to Mike, 02-18-2002 15:43:58  
Where in Maryland are ya? I live in Charles County, though I am in NC for school right now.



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CARL

02-23-2002 20:36:29




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 Re: Re: Re: When someone wont get off your property..? in reply to John in Maryland, 02-18-2002 17:17:48  
Our local tractor dealer in South Alabama was sued by the family of a man who used a screwdriver on starter solenoid to start tractor an because he left it in gear it killed him.(was not the first time he had started tractor that way either)..
THE INSURANCE CO. SETTLED FOR 1.2 MILLION (because it was cheaper for them). Now the dealer/owner if facing a personal lawsuit. go figgure.



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sod

02-18-2002 13:51:20




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 Re: When someone wont get off your property..? in reply to Mike Christian, 02-17-2002 17:45:07  
talk to an attorney from your county. so much is involved. Maybe the DA?
good luck
sod
(or else, get a backhoe that can dig deep.)



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Allen

02-18-2002 09:55:38




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 Re: When someone wont get off your property..? in reply to Mike Christian, 02-17-2002 17:45:07  
Here in Pa. If the property is "open", then it is tresspass. and the police often can't be bothered to get there in any kind of hurry (they'll show up sometime to take a report, but...)

If the property is fenced and gated and they had to make an effort to get in, then it is defiant tresspass, which is quite a bit more serious, and usually warrants a more vigorous police response.
....It also may lower your insurance premiums

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Mike

02-18-2002 09:31:24




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 Re: When someone wont get off your property..? in reply to Mike Christian, 02-17-2002 17:45:07  
Mike,
I read your story with interest, as a retired state policeman, I can honestly say I'm totally disgusted with the properyty laws and their state of enforcement.

The first problem is the legislators are enacting laws that serve lawbreakers intrests and feed money into attorneys coffers. This is not surprising as most of the lawmakers are attorneys, but then, they were voted into office by people who should know better. Second problem is welfare, it has been my experience that most of police work, about 85 to 90 percent, is caused by those on welfare. They don't have to work and therefore have time to go out at all hours committing illegal acts, the state will even give them extra money to pay fines when thay are arrested. If the welfare system were totally halted the incidence of and costs of crime would fall drastically.

Thirdly, children today are not disclipined because their parents, who were raised by parents who were largely undisclipined themselves. I have seen instance after instance when parents were arguing that their criminal children should be let off and then complain when someone elses children do the same thing to them. I understand that most of these people don't come from country families, but nontheless, still have to be dealt with by rural folks.

There really aren't any good answers to the problem, using an implied threat such as Mark Hendershot uses is a good response, the best thing is to contact the police, realizing they're rarely going to get there in time, and to make a photographic record of the criminal. When one understands that 3% of the police make 95% of all arrests then one realizes why they might not be in a hurry to come to your aid. I was proud to bew one of the 3%, but since my retirement am totally disgusted that this ratio is allowed to exist. Like I said, no answers just more questions.

Mike

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What A Bunch Of BS

02-20-2002 09:11:54




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 Re: Re: When someone wont get off your property..? in reply to Mike, 02-18-2002 09:31:24  
Where in the @#!$ were you a policeman? As prejudiced as you are I'm sure glad it wasn't in my area. As an ex state trooper I find your response to be despicable. Welfare is not the problem, to eliminate welfare would compound the problem. There are many honest people who are just down on their luck and need help to get back on their feet. For you to make a reckless statement stereotyping welfare recipients as the cause of crime in this country is absurd. I ask you, were the terrorists that attacked our country on 911 on welfare? I don't think so, How many of the Enron thieves were on welfare? or How about O.J. or How about the The Kennedy's or Jon Bonnet's family or the heir to the Durst fortune or the heir to the Dupont fortune? Were any of these criminals on welfare? I hardly think so. You sir are a NIT WIT. Don't make excuses for criminals. Don't blame welfare or a criminal's parents for their crimes. Put blame where it belongs, let's start with crooked lawyers, politicians, judges, a judicial system that protects the criminal and yes, crooked cops. What contribution did you make as a police officer to lower the crime rate. I bet the best day in the history of your police department was the day that you retired. David S. Bradley #2519 CSP

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BS?

02-21-2002 06:16:52




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 Re: Re: Re: When someone wont get off your property..? in reply to What A Bunch Of BS, 02-20-2002 09:11:54  
Truth is Truth, sometimes isn't pleasant



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Rod (NH)

02-18-2002 16:06:18




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 Re: Re: When someone wont get off your property..? in reply to Mike, 02-18-2002 09:31:24  
Agree. Why don't you come back out of retirement and apply for a trooper job in my area of NH? :o)



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Living in a Fool's Paradise

02-21-2002 07:33:56




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 Re: Re: Re: When someone wont get off your property..? in reply to Rod (NH), 02-18-2002 16:06:18  
Wake up, don't make excuses for losers, don't blame welfare, parents or their environment. Losers made their own choices, if they can't do the time they shouldn't do the crime. Quit trying to find excuses for these worthless pieces of detritus. I'm sick and tired of people blaming the "system" or their "parents" or "welfare" that's bullsh__, a loser is a loser by his own choosing and has no one else to blame but themselves.

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Mike Christian

02-18-2002 08:43:44




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 Re: When someone wont get off your property..? in reply to Mike Christian, 02-17-2002 17:45:07  
Also another concern was...There was a group of hunters in the area taking out ANY deer in when hunting season was going on..young buck's, doe's and fawn's...the whole 9 yards by these "hunters". My neighbor caught them up behind my house and told them to get the F*** out of here, people like them make me sick. Thanks to everyone for their input.

Mike Christian



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John in Maryland

02-18-2002 06:46:49




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 Re: When someone wont get off your property..? in reply to Mike Christian, 02-17-2002 17:45:07  
One day when the trespasser is not around, so some target practicing. Leave the targets right where you shot them. The trespasser will get the idea that you are a pretty good shot. We used to have a problem w/hunters trespassing on the farm. I Maryland you used to have to display your hunting license w/a number on the back, where someone could copy it down, so they could call the police. Now you don't. So when I run into someone, and ask for their name and what they are doing, they don't have to tell me. Kinda of a hairy feeling when you are in the middle of the woods and both people have guns and are arguing. Usually, I get a name, and write it down right in front of them, and if possible get their license plate # off their vehicle if I can find it. Usually if they see me write it down, they know I ain't fooling around. Everyone that I've got a name and/or license plate haven't been back.

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lc

02-18-2002 06:17:08




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 Re: When someone wont get off your property..? in reply to Mike Christian, 02-17-2002 17:45:07  
Generally speaking, "a soft answer turneth away wrath". Usually good advice to avoid this kind of confrontation with "neighbors". I have been a little amused that in my neighborhood someone called the police on kids riding 4 wheelers in an open field nearby. But when another neighbor called police on him for shooting blackbirds, he thought it was just awful.



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Mark Hendershot

02-17-2002 23:32:34




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 Re: When someone wont get off your property..? in reply to Mike Christian, 02-17-2002 17:45:07  
Here in the State of Washinton you have the Right to defend you Property with forse if needed to do so. If someone trys to hurt your family or you on your property you can use deadly forse if you haft to. You can't just shoot someone but if you feel threatin and they are tring to do bodily harm to you, you can. If someone breaks into your home and treatens you, you can use nessasary forse to stop them. On your property in Washington you still have more rights then off it. We also have the right to carry a concealed weapond without a permit in you place of abode or personal buissness. Away from home you haft to have a permit but that is something you just buy. You can walk down the street with a loaded gun on you hip if it is in plane view too. There are some places you can't take them into like a Bar, Post Office or Court House but I won't get into that. All this depends if you not a convicted felon and still have the right to bear arms. Check with your local Police Dept. for the Laws pertaining to this as I can see New York has some strange Laws. So I take my right to defend my home and family seriously. It is my right to do so. I am not a gun nut (some people think I am) but I do and so dose my wife and daughter know how and when to use one. Hope to God it never happens or is needed. Mark H.

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Question for Mark H.

02-18-2002 10:33:16




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 Re: Re: When someone wont get off your property..? in reply to Mark Hendershot, 02-17-2002 23:32:34  
Mark,was just wondering what your opinion is on the right to carry law. Here in Missouri they have been trying to get it passed for a couple of years now but there has been arguements both ways.Some people say if you have the right to carry a gun it will cut down on the crime rate and yet other people say it will increase the rate.Also here in my hometown your not allowed to even carry a pocket knife into a courtroom.You have to pass through a metal detector.Just curious about your thoughts.Later,Terry-N-Mo

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Mark Hendershot

02-18-2002 13:27:26




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 Re: Re: Re: When someone wont get off your property..? in reply to Question for Mark H., 02-18-2002 10:33:16  
I belive in the right to carry a concield Weapond if you want to. The criminals will do it anyway no matter what the law says!! Some people should not carry one because they either don't know how to use one or are not in a right state of mine to do so. It is a big responseabilty to own and carry a firearm and it should not be taken lightly. There are other reasons for having them besides hunting or self protection. Why do the police and gaurds carry them? It is a right that should not be outlawed and all states should allow it. I do belive if the criminal knew you were armed he would probley bother someone else. But I also belive that if you pull a gun on someone you better have a good reason or you will be in jail quick! Also if you don't know how or not be able to pull the trigger you should not carry one cause they may use it on you! Just having a gun is not enought you need to know the law, saftey and how you will feel if you have to use it. It is a personal choice and myself I chose to have a few of them around and at least it has saved my life a few times in the past. But people who depend on the police to protect them may have a long wait because they are required to put them selves in danger to protect you. I would have to wait for allmost 1-hour for the police to show up at my house that might be just to long to wait. Mark H.

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Terry Nelson

02-18-2002 12:05:46




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 Re: Re: Re: When someone wont get off your property..? in reply to Question for Mark H., 02-18-2002 10:33:16  
Terry, I, like Mark, live in WA and have a permit to carry. 25% of the state population do, also. The statistical evidence is strongly in favor of reduced crimes in states with concealed carry laws. The argument against is one proposed by anti-gun advocates who attempt to frighten voters against passing such laws by conjecturing about rampant shootings if the laws were to be passed. That hasn't happened. In Louisiana, 1983, a state law was passed stating that any intruder in one's home was to be assumed to be there to inflict bodily harm. It was hyped by anti-gunners who feared that it mightlead to a blood bath. The result, however, was that breakins and crime were reduced. There are strict limitations on the privilege of carry, however, and they absolutely forbid brandishing or threatening. There are also legal responspibilities-i.e., you must be defending your life, etc. to use a concealed handgun.

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Franz

02-17-2002 21:38:56




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 Re: When someone wont get off your property..? in reply to Mike Christian, 02-17-2002 17:45:07  
Well, here in Neuevo Hillareah, formerly known as New York, before Hillopotomous and those of her ilk took command, the reality is property ownership merely conferrs on the owner the right to pay taxes.
There are 2 levels of tresspass, tresspass and criminal trespass. Neither matter very much if it is private property, but they are both regularly used to mess with people on government property. He11, in NY, you can punch the crap out of someone, and as long as you don't break bones, or inflict wounds that require stitches it is only Harassment.
Should you be silly enough to even suggest to a tresspasser that you own a gun, or worse yet, are carrying a gun, you, not the tresspasser will make a trip to jail, and probably require Pscyciatric evaluation before you can get Bail. The system works so well, the tresspasser's friend the lowlife lawyer will be serving a lawsuit on you before you get out of jail for inflicting pain & suffering on the tresspasser.
Should you take Fido out to meet the tresspasser, it will probably be a death sentance for Fido.

The good news, well, there is no law against watering your lawn and irrigating your property in NY, yet.

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Mike Christian

02-17-2002 21:14:44




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 Re: When someone wont get off your property..? in reply to Mike Christian, 02-17-2002 17:45:07  
I apologize since it wasnt completely relevent, but everyone has been such a good source of knowledge, I figured I'd give it a try.

Anyways, I was at a friends, making sure his motorcycle was ready for the guy interested who was coming to look at it, as it was for sale. He takes it for a spin up the back road near his house, and while I didnt know it, my friend told me how a guy, driving down the middle of the road, doing approx. 10mph in his ford taurus wagon. My friend goes around him, and the guy suddenly gets mad, starts yelling at screaming at my friend, on how he shouldnt be riding it (off road bike, not licensed or registered) I can see how this could be a problem, but the only traffic on this road was the guy and my buddy. So he follows my friend home, and calls the police. OK now that he's called the police and explained everything, he still wouldnt leave, so after pleading with this man, being nice as possible, still wouldnt cut my friend a break even though he was selling the bike and this wouldnt become a habit thing. Now he started yelling and screaming obceneties, until the police came, and tried ever trick in the book to get my friend in trouble. The police just said not to do it and that was the end of that. However it was a tense situation and I wanted to protect myself incase I had fallen into this situation later on in life. Thanks to all who replied.

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Hal/WA

02-18-2002 12:25:12




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 Re: Re: When someone wont get off your property..? in reply to Mike Christian, 02-17-2002 21:14:44  
I wonder if there is something more to this story? It would seem that the driver of the Taurus over-reacted extremely, if the motorcycle rider did nothing but pass on an unlicensed vehicle. I would think that the police should have taken a formal report of the incident, if for no other reason than to document the Taurus driver's inappropriate actions. Is the Taurus driver a neighbor or just passing through? Have there been other incidents like this involving the Taurus driver?

Road rage is one of the dangers out there all the time. There are people who will over-react and may be very dangerous to others on the road, especially if their anger is directed to someone on a motorcycle, or other poorly protected vehicle. However, they usually want to be anonymous and will take off rather than talk to police, because they know they are in the wrong. That is what bothers me about this situation. The guy stuck around and waited for the police to arrive. Did he just sit in his car and wait peacably? Is there something more to this story?

Luckily, no one was injured. It could have ended in tragedy for either side. But nobody loosed the dogs or brought out the guns or started a fist fight. That is probably why no one went to jail. It would be interesting to know what the officer heard from and told the Taurus driver. Most officers are pretty good at arriving at the truth.

The original question was what do you do when someone just will not leave your property when asked to. It depends entirely on what the "trespasser" is doing. If the trespasser is just sitting there, not harming anyone, or blocking the way out, the appropriate response would be to call and then just wait for police. On the other hand, if the trespasser is threatening your life or the lives of others, AND has the apparent means to carry out his threats, AND you believe he is about to carry out the threats, you MAY be justified in using any means, including deadly force to defend yourself. This is a judgment call and what you decided to do may change your life forever. Your response must be REASONABLE, whatever a judge might later decided that means. My advice to anyone would be do not react any more than you are forced to. In most cases it is not worth it, if you are just protecting property.

There will always be jerks out there. Do what you can to avoid them and when that can not be avoided, do what you can to not get yourself in trouble or danger from a confrontation. As the old Sarge always said, "be careful out there, guys."

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Speaking of property rights . . .

02-17-2002 19:44:13




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 Re: When someone wont get off your property..? in reply to Mike Christian, 02-17-2002 17:45:07  
it's not terribly relevant to this topic, but since we are concerned about property rights, take a look at how the government is trying to strip us of our property rights. It's scary!:



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Jon Budde

02-17-2002 19:05:23




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 Re: When someone wont get off your property..? in reply to Mike Christian, 02-17-2002 17:45:07  
Well Mike the law sucks! Here in IL even if you have the property posted it doesn't seem to do much good. Someone trespasses so you call the police right, when the police gets there they tell you "well there is nothing we can do without proof". All you can do is take pictures or video, that is the only bet that I know of. I wish it was like back in the day when you could give a guy a good thumpin and shoot his tires out for trespassing and get away with it. These days you as much as show up with a gun you end up a criminal yourself. Heck I have even heard of a fella wrecking his ATV on another guys land and taking him to court for his injury when the property was posted NO TRESPASSING. The laws dont help land owners. Sometimes I think the lawmakers need a good swift kick in the teeth.

But in all reality be careful what you do. If it where me I would carry a camera with me ready to snap the pic as evidence. Do not be agressive to them, even thought you want to bust them in the teeth, just keep your cool. Get your evidence and turn it in, HOPEFULLY the law will give them what they deserve. Good luck.

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sometimes I think . . .

02-17-2002 19:41:19




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 Re: Re: When someone wont get off your property..? in reply to Jon Budde, 02-17-2002 19:05:23  
that the LAWYERS need the good swift kick in the teeth!

on the other hand, such a move would probably get you sued into the poor house!



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Zack

02-17-2002 18:57:48




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 Re: When someone wont get off your property..? in reply to Mike Christian, 02-17-2002 17:45:07  
I had that happen to me once. You know what I did ? I asked him three times to leeve He would not budge just keep looking so I told him I am getting my two brothers went into the house and got them I said here I would like you to meet my brothers Smith & Wesson now get the f*** of the patch. He left never saw him again.



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G Taylor

02-17-2002 18:57:22




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 Re: When someone wont get off your property..? in reply to Mike Christian, 02-17-2002 17:45:07  
While I'm no fan of lawyers/vultures they have their place, go and ask. As a separate side issue when you are there update the will, most people's are out of date. It's cheaper to sit down in your solicitors office & ask, then calling to ask from jail. Just turfing some idiot without no morals or conscience of your land just sets you up to get shot or wake up with your house or barn on fire if you are not beaten on the spot. What are the circumstances of the trespass? Ex-in-laws, four wheelers, cannabis growers?

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Mark Hendershot

02-17-2002 18:45:02




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 Re: When someone wont get off your property..? in reply to Mike Christian, 02-17-2002 17:45:07  
I would walk out with my Two 145lb+ dogs on leash and ask them to leave. Telling them don't get the dogs pissed cause I can't hold them back. Dogs have a way of deturing some one cause you can't bull sh*t them and they read minds better than Dave dose! 300lbs of dogs with teeth and 8 legs are a match for any 300lb person on two any day. Now make sure your wife is backing you up at the house with her friend Smith out of view. Has worked befor for me and even better when we had 5 of them no way you could hold all of them and total weight was over 700lbs! Problems just don't seem to happen when they run to the fence to say HI!! Mark H.

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Bob

02-18-2002 06:38:11




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 Re: Re: When someone wont get off your property..? in reply to Mark Hendershot, 02-17-2002 18:45:02  
You turn the dogs on them and you'll be the one in jail.



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Mark Hendershot

02-18-2002 08:05:04




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 Re: Re: Re: When someone wont get off your property..? in reply to Bob, 02-18-2002 06:38:11  
I never said I would turn the dogs on them. I said I would hold them at leash. The fact that I am holding them would be a deturent to keep them from harming me. I don't think I would be in jail if they attacked me and got bit. Are you saying that I should just stand there and let someone attack me on my property or in my home and the law says you haft to let them do it and you can't defend your self? Why do you think the Police use dogs they work better than a gun dose most of the time. You can't use forse if someone is just yelling at you or just trespassing but if they are about to cause you harm you are aloud to defend your self in a manner nessasary to stop them. With a large dog or two next to you a person would have to be on crack or drugs to want to harm you and not expect the dogs to protect their owner. See you can scare a person with your size but it dose not matter to the dog how big you are or what you are saying. Infact the meaner and louder they get the more defensive the dog will get. So it is all up to the person who is startng the problem. I am not saying I might not get in trouble or have to go to court but I won't let someone pound on my family or me and just turn the other cheek and take it. Mark H.

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Rod (NH)

02-17-2002 18:38:28




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 Re: When someone wont get off your property..? in reply to Mike Christian, 02-17-2002 17:45:07  
I think stuff like that is covered by state NOT federal laws. In NH there are two types of trespass against property. One is simple trespass and the other is criminal trespass. The criminal variety carries a higher penalty and, I think, includes possible jail time...depending of course on the Judge! As I recall (without looking it up), refusal to leave (or a recurrance of the trespass by the same person) after being so directed by the owner automatically kicks in the criminal version. The property does not have to be posted for this to occur. Your laws in NY are likely different though. You should be able to access and search your laws on the web. Most states provide that ability now. You might try www.state.ny.us and see where it might lead.

As far as what you might do outside of calling the police and waiting for them to arrive...I would be VERY careful here, despite what someone tells you! As you must know, we have become a very litigious society. If you are not careful it may be YOU that will winds up in jail. Even threatening bodily harm can land you in the pen for a long time nowadays. I believe the general school of thought would be that the trespasser would have to actually initiate some physical action against you for you to be justified in responding with anything physical (self defense). Even then the response probably needs to be "proportionate to the action". Texas may permit thieves to be shot on sight...but NOT around here :o).

It shouldn't be this way...but unfortunately it seems to be. Find out who the actor is and report him to the police and let them handle it. But check up on your local laws and know what you have for trespass statutes to back you up.

Good luck. I know how you feel.

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Greg D.

02-17-2002 18:29:15




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 Re: When someone wont get off your property..? in reply to Mike Christian, 02-17-2002 17:45:07  
I`m certainly no expert on the subject,but one word comes to mind. PICTURES!!!!! !! Take lots of them to backup what you said. I`d even have the video recorder going as I phoned the police to record the event, or have someone else recording with you in the picture. Should you use physical force first, the tresspasser will more than likely watch you get hauled away in handcuffs. Whatever you do, do not wave your gun to scare them off. I don`t know about NY, but here in Arizona, that will be a certain ticket to jail. Now if the tresspasser threatens you, thats a different story. Is you property clearly marked NO TRESSPASSING? Have any fences been cut or crossed? Yes I do believe in being able to protect and defend your own property, just don`t do something to make yourself the criminal. My $.02 worth

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Bob Kerr

02-18-2002 07:48:25




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 Re: Re: When someone wont get off your property..? in reply to Greg D., 02-17-2002 18:29:15  
I agree Greg, It is sad when we can't protect our property and face charges if we do protect it. Some areas like Arizona have few cops per square mile, and it can take hours for one to show.I am in Indiana, and sometimes it doesn't seem much better even though there are more cops per square mile here. Cameras are a good bet as it is evidence that you are not "making anything up". I do know of one instance that a "tresspasser" IS allowed to cut a fence. It has to do with Blocking a Navigateable Waterway. If a property owner puts a fence across a creek a hiker, fisherman,boater, canoeist, or kayaker is allowed to cut the fence if it is blocking the way. In some cases he is allowed to climb the bank and climb your fence to get past an obstruction. The big factor on this little known , but very old law which has roots in the English Magna Carta, is the river or creek bed is public domain up to the "normal" high water mark.That mark is described as the part of the stream where the indigionous land plants begin to take hold. Plants that normally grow in the water or close to the bank where they frequently are submerged don't count. I found out about this because I have a friend who lives along the Great Miami river near New Baltimore OH. He would boot people off the sandy beach behind his house even if the pulled a canoe up to the bank and didn't get out.Most of these people would toss beer cans and trash all over the beach area and that is what set him off the most. He was shocked when I showed him they were allowed to be there, but since so few people know about this he said heck with it, I will keep booting them off until someone calls me on it. The law doesn't protect them from littering though! Here is the address to the website with the info. Link

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Hunter

02-17-2002 18:22:23




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 Re: When someone wont get off your property..? in reply to Mike Christian, 02-17-2002 17:45:07  
Mike, I would think you would need some no trespassing signs around. I know here in NC if you have your land registered with the local sheriffs dept. they can gett'em for hunting and such. Or just use a green oak stick so it won't break when ya knock the stew out of them.



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