# Trespassers



## saugeyesam (Apr 20, 2004)

I have been dealing with Trespasser's recently and just this morning had two separate encounters with two different individuals. I politely asked them to leave my property both guys called me a few choice words, in both instances after being swore at i told them to leave my property or i would call the sheriff. They contested that I was trespassing and demanded to see my written permission. I have had this same thing happen three times prior to today so I resorted to carrying the satellite and plat map of my property and the boundaries i got from the County auditors office. I showed the two guys today the map and asked to see their hunting licenses and written permission which they both claimed to have. They refused to produce either. So I took my cell phone out to phone the sheriff and they left. I went back to the house and called the sheriff anyways and they told me that they couldn't do anything unless the property was posted and they had to be damaging the property. The the woman I talked to says to not approach them. To leave the area and phone the sheriff and then if they have someone available they will send them out. Really? Just let them do as they wish? My property isn't posted, because my insurance agent and my attorney told me that if i posted the property and someone trespassed and got injured or killed it would open up the door for a lawsuit. Does this sound right to any of you guy's. I figure posted or not posted they could still try and sue me anyway right? One guy this morning even told me that him and his buddy almost took my ladder stand because I had no business putting it up on there hunting area. Once I showed the maps with boundaries he changed his tune. Honest mistake or blatant disregard for my property? I think the latter both were standoffish and rude until i mentioned calling the sheriff.


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## Fish-N-Fool (Apr 12, 2004)

Sam - do you own the property? I'm just asking because you reference "my" property and I may do the same discussing property I have permission on, but it makes a big difference. I had issues in the past with a piece of land owned by a good friend. Because I didn't own the property I could not call and get a response from the GW or Sheriff; the actual landowner needed to make the complaint. The problem was solved by quick cell phone call to my friend who subsequently called in the complaint.

As far as posting - that isn't so in Ohio and I would contact your local game officer. This has been a few years back, but this info was relayed directly to me from a GW. There are two types of tresspassing charges in Ohio 1) a regular tresspassing charge and 2) criminal tresspassing. The first is a simple ticket, the latter is a court appearence in front of a judge which also results in a fine and possibly much more depending on circumstances.

We were told to post the property because if it was posted the land owner could push for criminal tresspassing charges which would require the offender to attend court (he had people dumping on his land as well & this may have been related to this activity). An appearence in front of a judge, usually is enough to get most people's attention - not all. 

I won't pretend to know about the lawsuit thing, but it is 2009 and people can file suit against you for anything. 

My advice would be to put a call into the district office and discuss these issues/questions with an officer. Sounds like you have enough of a problem it is time to meet your local GW and get a plan in place with him involved. You may have to make time to meet with him, but do it. And if you own this land you are within your rights to request that these guys provide written permission and a license. If you don't own it you don't have that right.


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## bkr43050 (Apr 5, 2004)

I don't know why the sheriff department would tell you that the place needed to be posted for them to do anything. You tell me that if I had guys decide to camp out in my back yard I can't do anything about it because it is not posted? I think Fish-N-Fool is on the right track with his explanation of difference between the signs and no signs.

A few years back I ended up posting new signs on my place because I got tired of hearing the same old story every time I encountered someone on my property. They always said they didn't realize it was my property. Now they have to pass visible signs in most of the openings in to my place. It will not totally eliminate the trespassing but at least at that point you have pretty much figured out whether they did it on purpose or not.


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## jcustunner24 (Aug 20, 2007)

saugeyesam said:


> My property isn't posted, because my insurance agent and my attorney told me that if i posted the property and someone trespassed and got injured or killed it would open up the door for a lawsuit.


Actually, I would figure they'd want to do just the opposite, but as stated, it's 2009 and people sue for everything. I would think posting "private property" would indicate, "you shouldn't be here, so if you are here and you get hurt, don't try to sue me because you're an idiot." I guess I read too much into things.


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## bkr43050 (Apr 5, 2004)

jcustunner24 said:


> Actually, I would figure they'd want to do just the opposite, but as stated, it's 2009 and people sue for everything. I would think posting "private property" would indicate, "you shouldn't be here, so if you are here and you get hurt, don't try to sue me because you're an idiot." I guess I read too much into things.


Careful now! You are trying to think logical now and this is the law we are talking about.

I imagine someone can try to sue for just about anything. Being on your land unlawfully should negate most risk.


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## bobk (Apr 30, 2004)

It is THEIR responsible to the know the property lines . You do not have to post the property according to what the sheriff told me. I have tried to post my land many times only to have the signs tore down. I have had 1 stand stolen this year and a feeder screwed with. The trespassers I catch all act like jerks, they think I should cut them a break. I really don't know if they are the ones who stole the stuff or not. They sure will never tell. Over the years several stands have been stolen or cut up and I am sick of it.
I now carry a camera and of course my kimber or smith and I'll just take their picture to the sheriff and press charges. These people are scumbags and I'm tired of this stuff.I wish we could cut a toe off for each offense! Sooner or later they won't be able to walk end of problem.


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## saugeyesam (Apr 20, 2004)

Fish-n-fool, I do own the land, and have never had this big of a problem with the trespassers till this year. Bkr, After I called the sheriff today i got to thinking and called the game warden, he came out within an hour of talking to him. And explained the trespassing charges and said pretty much the same as you. I will be posting my property this weekend. He was none to pleased with the sheriffs office and even told me that he has had others tell them that the sheriffs office told them the same thing. He also said that if asked you have to show your hunting license regardless who asks or where you are. I always thought what you stated about if you owned the land you could asked but if not you weren't allowed. He took the time to walk the property with me I told him what the one fellow said about taking my stands. He kinda chuckled and said that people should know better now a days. He gave me his card with his cell phone number on it and said if I see anyone else to call and he would see to it that someone would be out. The DNR seems to take their jobs a little more serious than the normal law enforcement. And they are way more courteous at least thats my observation from my interactions between the DNR and Sheriffs office today.


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## Huntinbull (Apr 10, 2004)

What I know from teaching hunter ed classes is that the property does not have to be posted. If they do not have written permission and are hunting, then there are repercussions. Hefty fines and jail time possible for first offense and really big fines and long term incarceration for second or more violations. You don't have to post. If the sherriff doesn't help call the div of wildlife. Local municipality LE might be a better option (city police dept, or what have you.). If you suspect people on your property, find their vehicles and get the tag number. Slam dunk then.


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## James30 (Apr 13, 2004)

Here in Medina County our local Sheriff's office respond to these calls regularly this time of year and they take them very seriously. There is basically two type of trespass violations according to the Ohio Revised Code, Criminal and Aggravated Trespass. 

In your case once you notified them that they were trespassing and they refused to leave they were in violation. 

For your situation in order to be in violation the offender has to enter or remain on the land and are notified by actual communication to the offender, they enter in to a fenced area or it is obvious that they are not to be there.

The other way is the land is posted or told by the landowner and the violator fails to leave or refuses. These violation would be a misdemeanor of the 4th degree, usually charged by issuing a summons into court.

The other more serious offense is a Aggravated Trespass. These elements they have to enter or remain on the land and in doing so cause physical harm or make a person believe he will cause him physical harm. This is a misdemeanor of the 1st degree and usually ends up getting the trespasser arrested.

Easiest way is to post your properties perimeter and that leaves little doubt when enforcing these laws, any video also is a bonus. 

As far as the lawsuit thing goes you can get sued for anything today whether you post it or not. Getting sued for posting your property sounds ridiculous to me although so does getting sued for being so stupid you spill a hot cup of coffee on you lap while you drive and blame McDonalds for selling it to you.


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## Slawterr (Aug 18, 2009)

Just a tip I learned from my Uncle. He got the same jive about posting his property and being at fault if someone would get hurt. Instead, he went around the property with cans of yellow spray paint and painted lines on tress as high as he could reach around the perimeter of the property. I looks like a giant strip from a good 100 yards out. I've also seen this done at another realatives property down in southern ohio, the state did it and there makes for no mistakes when you cross from public to private land and vice versa. Especially when my uncle down there has a misguided bucks only rule on his property..so we fill anterless tags over on state.


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## James F (Jul 2, 2005)

I am not sure of this but, I think if you post signs you need to be sure about what that sign says.I was told that if it's posted no trespassing,hunting or fishing even the land owner cannot hunt or fish on their own property.!?


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## saugeyesam (Apr 20, 2004)

Huntinbull said:


> If you suspect people on your property, find their vehicles and get the tag number. Slam dunk then.


There is no suspecting to it huntingbull I outright caught these folks in the act. as for getting a tag number on a vehicle there in lies the problem. These people are entering in from an adjoining property that belongs to an out of state owner. Who's land is posted, I spoke to the land owner last year over the phone and he assured me that he hasn't given permission to anyone to be over there. He told me he use to give permission before he had moved out of state but someone tried to sue him because they drove there vehicle in and scraped some trees did some damage to there truck and tried to sue him for damages to the vehicle. 

These people are driving into the neighbors land and then coming into mine. I actually have pictures of different people riding there ATV's past my trail cams. I bought signs tonight that say Posted No Hunting Trapping or Fishing I wrote my name on them with permanent black marker and put my address on it as well. This is exactly what the G.W recommended. So there will be no mistaking that my land is posted. We'll see how long it takes before they get torn down.


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## bobk (Apr 30, 2004)

When you go to hang the signs take a 5 gallon bucket to stand on so you can get the signs as high as possible. It will make it a little harder for them to tear down. Sorry you are hanging signs instead of hunting . The deer are really moving right now. Good Luck.


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## acklac7 (May 31, 2004)

saugeyesam said:


> anyways and they told me that they couldn't do anything unless the property was posted and they had to be damaging the property.


That's downright ridiculous.

Normal trespassing laws DO NOT APPLY to hunters. Basically if you are hunting you are always considered trespassing, irregardless of whether the property was posted or not. Call and talk to the Sheriff, not the dipsh! dispatcher.


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## buckeyeguy (Aug 20, 2006)

It's rediculous when you have to argue with someone that its YOUR land when they aren't even neighbors.

One thing I would suggest if you had to confront anyone again, go out and buy a disposable camera and keep it with you. Take their picture before you ever say anything to them so you have something to turn into the law. I was hunting a couple weeks ago and someone walked by my stand on private land (in the middle of nowhere) with plain clothes on and no visible weaponry. As soon as saw him I called the landowner and he said that I was the only one who has permission to be out there. I took his picture with a digital camera I had with me to show the landowner. Turned out that it was a guy from a timbering outfit that was working up a quote for him. I normally don't take a digital camera out, but it was nice that day so I didn't mind.


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## saugeyesam (Apr 20, 2004)

acklac7 said:


> That's downright ridiculous.
> 
> Normal trespassing laws DO NOT APPLY to hunters. Basically if you are hunting you are always considered trespassing, irregardless of whether the property was posted or not. Call and talk to the Sheriff, not the dipsh! dispatcher.


Those were my exact thoughts. But for some reason the Stark county sheriffs dept. doesn't want to come out unless it's something serious. I called them about two months ago be cause there was an abandoned vehicle along the railroad tracks right up the road from my house. It was sitting right where it would have certainly been hit by a train. I was on my way to school when i called and the car was sitting there 4 hours later when i passed on the way home so i figured they had been out and deemed it not a problem. 2 hours later i passed by there again on my way over to my dads place and the sheriff deputy was just pulling up. So a total of 6 hours passed before they make it out? Now some will say "they are busy" and I understand that, but 6 hours? But they'll show up lights flashing to tell me I can't use my quad to pull boat from my upper drive to my lower drive. Because the older couple across the way called them on me for having my quad on the main road a distance of 80 feet from one drive to another. And for those who ask why i was using the quad and not my truck I was having mechanical issues. Either way sometimes the priority factor for our sheriffs dept just doesn't make sense. Oh well Im heading out to put up signs then im going bunny hunting. I have accepted the fact that some people just don't care about or respect others property and such. So as frustrating as it can be at times i'll just keep on following the proper protocol with the law enforcement and hopefully a few of these guys will get caught. It just isn't practical to sit around griping, there's big bucks out there waiting on me.  Thanks for the replys and advice guys, and for listening to my complaining:!:!


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## bkr43050 (Apr 5, 2004)

James F said:


> I am not sure of this but, I think if you post signs you need to be sure about what that sign says.I was told that if it's posted no trespassing,hunting or fishing even the land owner cannot hunt or fish on their own property.!?


I am quite certain that there this is not true. The signs are not to stop all hunting. They are to warn about the property lines for people coming in from the outside. No sign being posted will relinquish the owner's rights on their own land.


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## Whaler (Nov 16, 2004)

Call a wildlife officer instead of the Sherrif. I'm sure he would come out as the State needs all the money it can get .


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## Shaun69007 (Sep 2, 2009)

I recently caught a gentleman walking in front of my treestand and camera at 6:25 A.M carrying a rifle. Luckily the camera was infrared or it would have been stolen with the flash. but what is funny is the day he walked through there i was heading up my hill to sit it that stand he was just a few minutes ahead of me or heard the bellow of the flow masters on my truck rumbling up the hill and decided to skidaddle. Either way at 6:25 in the morning with a rifle and no permisson to be there or hunt for that matter it sure seems early for tree rats


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