View Full Version : Need Trespassing Advice Please

WNY Tony
11-21-2008, 08:42 AM
OK, I am a new land owner this year, small property (20 acres), that ultimately backs up to railroads. Unfortunately for me, there is an access road that goes with the railroad, and it seems as though people use that as an outlet to get into my woods. I haven't actually caught anyone yet, but I did discover a tent-style ground blind on my property two nights ago. I spoke with my neighbor, and it is not his.

Here are the three options that I was thinking about, please let me know what you would do ....

1. Take it down, keep it, and leave nothing.
2. Take it down, keep it, and leave a note saying that I will give it back after a conversation with the guy.
3. Leave a note on it giving them a few days before I confiscate it.

My issue is that I know these guys are A-holes and if I take this down, and subsequently walk past two of my treestands, my shed with supplies in it, and my winter-stored boat that are all on the front of my property. I wouldn't put it past anyone to do something to my belongings if I just outright took the blind.

I hate this. I love owning my own land, but I hate this. Please let me know what I should do. There is snow on the ground, and I will certainly leave tracks if I go take it down today.

Thanks for any advice!!

11-21-2008, 09:11 AM
option #3, and if they don't come for it, take it down, put it in your shed, and then leave a note as to where they can find it. You have nothing to gain and a lot to loose if you make these guys angry. I know exactly how you feel, we are going through some tresspass issues ourselves at our property and it is quite irritating:mad: When they do come for it try to be as sival as possible while being firm about people tresspassing on your land. Sticky situation for sure. Good luck.

11-21-2008, 09:26 AM
I`d leave a note telling them to come talk to you on their blind. If you post it they don`t have a right to be there, but if you don`t they can go wherever they want in NYS. I had to buy a hundred signs to post this property, not easy or fun but it had to be done for me to be able to tell people they can`t hunt here and make it stick. DEC wouldn`t do anything unless I had it posted correctly. I`m even slacking as I didn`t post the creeks figuring no one would cross and found a stand on the edge of the creek. They are now canoeing a 6 ft wide creek to get in. 1 sign area that isn`t the correct distance could let them walk thru. I`ll be hitting the creeks posting them after the season is over.

robert lawson
11-21-2008, 09:49 AM
I would fold up the blind into a nice neat package. Tie a nice note which is in something like a zip-lok bag to it. In the note I would explain that you own the property and you and others will be hunting it regularly. That because it is such a small piece of land and for safety reasons you would like them to remove the blind from your property. If you are posted in accordance with NYS guidelines I would notify the local conservation officer and inform him of the situation. Explain your actions and ask him what you should do next if the problem persist.:mad:

11-21-2008, 10:19 AM
I believe that Robert Lawson has given you some sound advice on how to handle this.

Saying you are a new land owner, could it be these guys had permission prior to hunt this little parcel of ground and did not know it changed owners?

I would take a picture of the blind where it sits now also before doing anything, maybe even sit up a trail cam close to it to catch the guys pics. I would also notify local authorities and report the tresspass.

11-21-2008, 10:34 AM
I would leave a nastygram as I call them.The first one is always firm but polite.Put it in a ziplock bag and secure it well.Take down the blind, put the note on top. If he is a jerk which he probably is,he will say some BS story that he never saw the note.If you see that the blind has been put back up call the DEC. I hope you have better luck than I have had in the past with the DEC, for some reason they dont seem to want to do their job.Good luck and dont let it get you down or ruin your season.Oh, dont forget to take pictures of blind and document time/Date etc before you take it down. Wardy

11-21-2008, 10:53 AM
I live and hunt the southern tier of NYS.

Check the NYSDEC web page on "posting" your property. if I remember correctly your land does NOT need to have posted signs on it to protect you from tresspass. Accessing unposted property is illegal the way I read the DEC info.

Place a trail cam in the area and catch them in the act. OR.........let them know that they have now been captured on film via a web cam, and you will prosecute if they do not leave your property (even if you DON'T have a cam out there ). That may get them to stop.

Good luck,

11-21-2008, 11:13 AM
It iIS ILLEGAL to go onto someones property even if its not posted!!! BUT, it makes it very diificult to prosecute and get a conviction.The DEC would have to catch them in the act and even then its hard unless their had been documented prior warnings.

11-21-2008, 11:28 AM
Q. Must I post to keep people off my property?

A. No. Trespassing is illegal even on unposted property, unless it is unimproved, apparently unused and unfenced (or not otherwise enclosed to exclude intruders.) Even on vacant land, a written notice delivered in person (or by certified mail with a signed receipt, etc.) to any person, in the name of the landowner or authorized party, containing a description of the premises and a warning of restrictions which apply has the same effect, for that person, as if the land were posted with those restrictions. Likewise, anyone asked to leave the premises, posted or not, by the landowner, occupant or other authorized person, must do so immediately.

From the DEC website, which means you can kick them out and document it and persue if and when they return but you will have to do that w/ everyone until you fence it post it or build there.

11-21-2008, 12:45 PM
Call your local Game Warden/DNR agent and tell him the situation. I had this problem and the DNR came down, put cameras aimed at the stand, staked-out the stand and busted the guy. We don't play on our property. You trespass, we catch you and you get prosecuted. Someone breaks the law, call the law, it is as simple as that.

11-21-2008, 12:54 PM
Not to get off topic here, but what about this situation. We have a cabin with 200 acres up north. On the south side we have a neighbor who is renting the house with 9 acres butted up to ours, the west side goes to a gravel road then there is another neighbor there that has 40 acres. Niether one of these guys are "good guys", they have both been in jail, one several times and they aren't changing their ways. Now we aren't up there except during hunting season and weekends to work on the property. These boys tresspass all the time and admit it freely. We call the CO on them or even talk to them about it and the result will for sure be damage to property and possesions. It's a catch 22 no matter how you look at it. We post the heck out of the land and make our presence know as much as possible, but how would you handle this?

11-21-2008, 01:10 PM
If you go to the thread you started about building a bedding area near a RR you'll see my prediction made on oct 15. Having started a few different hunting properties that were former freeforalls I feel it takes 2-3 years to get things under control. I have always been posted tight(no excuse) therefore I take the stand and leave a note where they can get it back. I want to meet them for future reference. If you just fold it up and leave it you don't have any idea who your dealing with. I have never had anyone come to get their stands either, never. They knew they were doing wrong. Hey, if its a Primos dark horse I'll give ya 20 bucks for it when they don't come for it.

WNY Tony
11-21-2008, 01:35 PM
You called it Tim. My neighbor said that he has had a problem with this before. The property is posted, but the signs in the back by the railroad do not have my name and address on them. That will be resolved this afternoon so that I am in complete compliance with the posting regulations.

Due to my stupidity of not buttoning up the posted signage prior to the season, I think that I am going to put the signs on the blind. Give him a chance to get it off. I guess this nixes by plan to make the back 5 acres a sanctuary. Back to the drawing board on bedding areas. :mad: :mad:

11-21-2008, 03:49 PM
Had the exact same thing happen with a Tree Stand. I took a no trespassing sign, wrote "Monitored by security camera" on it and nailed it to the tree. I thought about taking the stand but figured it wasn't worth the risk. 3 days later the stand was gone. I also took pictures of it and the google earth image of the location and gave it to law enforcement. Make sure your property legally posted and if its still there in a week, I'd remove it with a note with a number to contact to get it back

Bob S
11-21-2008, 07:23 PM
I might be inclined to do with a stand, something similar to what I did when I got a picture of a trespasser on trail camera a couple years ago.

I would take a picture of the stand. Take the picture to the County Sheriff and use the photo as proof of a trespasser and file a complaint. Ask the deputy taking the report what he suggests you do with the stand. Only removing the stand at the deputy's suggestion would protect you from being in possession of a stand you do not own should the stands owner file a report of the stand being stolen. Depending on the wording of local ordinances, just because the stand is placed illegally on land you own, you might not have the legal right to be in possession of the stand, since you don't own it.

I think it is best to get law enforcement involved in these types of situations. Having every incident documented could work to your benefit should there be retaliations.

11-21-2008, 08:29 PM
option 2....be respectful yet stern on your beliefs.