Posting Land/Handling Trespassers and Neighbors

[DaveT]

The majority of the work involved should fall on the trespasser, not the landowner. Posting corners and gates/roads/trails should be enough. You shouldn't have to sign or date anything. Let the trespasser look up the owner on previously mentioned county property search sites and do the work himself to get permission. It could be worse, though, out west you can end up paying to fence your land to keep your neighbors cattle out. In Iowa you have to pay for half the fence whether you want it or not. Trespass laws are weird and different all over.

[Farmsfulltime]

Dave t , a little off topic but Minnesota fence law also states shared boundry fence is shared 50 50 between owners . If one requests a fence and goes thru proper channels both owners share equaly even if one owner wants the fence and the other doesn't, This law also includes upkeep as time goes on .

[Wanderer]

So you are telling me that your "freedom to travel" is more valuable than someone else's freedom to own land for their own pleasure?

I just dont get where all these people think this is perfectly legal to do.

No, that's not what I'm telling you. Sorry if you took it that way. I do believe all freedoms are created equal and that's the jist of American Democracy.

I also believe MN has an interest in allowing the public the freedom to hunt and preserve our hunting heritage. Access is THE key ingredient to keeping people interested and to have opportunities to harvest the public's game that resides in this state.

I'm not scoffing at private land ownership. I have wee bit of my own not attached to my permanent residence. Mine isn't posted and my neighbors are welcome to enjoy it within reason. And my neighbors reciprocate with their property.

The State is just saying if you don't want people on your property, YOU have to post it in a certain manner. All the rules weren't made up by magic; there were reasons for them that have already been cited in this thread.

[Wanderer]

Good day all. My Grandfather owns a piece of land close to home for us that he probably hasn't set foot on in 10 years. He bought it years ago, is not a hunter and he basically saw a long term investment in it. My Grandfather has basically made me the Leasee of the property and I can decide if anyone can hunt there or not. Fastforward to last year when an acquaitence wanted to take his son out there, I said not a problem, told him what I knew as far as the land, etc. He approached one of the neighbors to ask about parking off the side of his driveway approach. The neighbor said NO and said I've got guys hunting in there(pointing to my Grandfather's land) so don't mess it up for them. I would rather not wrap the entire piece of land in NO HUNTING or TRESPASSING signs, but in order to have some legal right to get trespassers removed, I have no choice, correct? How have others dealt with this situation. I don't want my family or friends at risk when out there hunting because many folks are out there without permission.

Thanks for any info/experience.

Coach,

Have you considered just talking to your neighbor about this?

[smsmith]

Dave t , a little off topic but Minnesota fence law also states shared boundry fence is shared 50 50 between owners . If one requests a fence and goes thru proper channels both owners share equaly even if one owner wants the fence and the other doesn't, This law also includes upkeep as time goes on .

Thanks for that info FFT. I've wondered what the rules are here. I've got fence on 3 sides (lake/swamp on the other) and was curious if I may be "on the hook" someday for new fencing.

[Farmsfulltime]

Probably not going to an issue as not much livestock being done any more , the last two I fenced I did not even ask neighbors to share cost , just surveyed and fenced myself that way I get it my way and no arguing

[harvey lee]

Wanderer, you state

I also believe MN has an interest in allowing the public the freedom to hunt and preserve our hunting heritage. Access is THE key ingredient to keeping people interested and to have opportunities to harvest the public's game that resides in this state.

I guess I have been in the majority for more years than I can count. I was taught that if you want to go on another's property, you should be respectful enough to at a minimum, ask the landowner if it is ok. I cannot see why this is such a hard thing to understand.

So many forget one thing, if things continue to go in the direction it is now as far as people not bothering to show some respect and to ask, there will be less than to hunt in the future than there is now. Just look back to how easy it was to access land 40 years ago to now.

People are tired of trespassers, others who think it is not posted as the state says it is ok, so just go ahead and walk in.

Then there are those who get hurt and now want to sue landowners. I know some who would not let one hunt on their land as they are so afraid of todays world where no one is responsible for what they do and if they get hurt, they try to sue, it happens.

Slowly over the last few decades, access to land is getting harder all the time. No Trespassing is getting to be seen all the more.

With that said, keep walking in even if it is not posted, it will be shortly with a attitude like that and soon even those of us who ask all, will not be able to access land either.

[harvey lee]

The majority of the work involved should fall on the trespasser, not the landowner. Posting corners and gates/roads/trails should be enough. You shouldn't have to sign or date anything. Let the trespasser look up the owner on previously mentioned county property search sites and do the work himself to get permission. It could be worse, though, out west you can end up paying to fence your land to keep your neighbors cattle out. In Iowa you have to pay for half the fence whether you want it or not. Trespass laws are weird and different all over.

Too bad more do not feel like you.

[smsmith]

Probably not going to an issue as not much livestock being done any more , the last two I fenced I did not even ask neighbors to share cost , just surveyed and fenced myself that way I get it my way and no arguing

I've got livestock on one side now. Hasn't been any on the other (3rd side is road) for quite a few years, but it wouldn't surprise me if at some point they wanted to run them again.

[Wanderer]

Tom,

Less people cared 40 years ago who tread on their land. A lot of dynamics have changed since then on both sides of the debate.

Posting of private property increases everytime parcels change hands and trend smaller and smaller as time goes on. I don't really blame people who spend hundreds of thousands of dollars for the right to use a piece of ground to want it for themselves. All I'm saying is the State has reasons for the laws we have.

I agree it's best to ask first but it's really helpful to know WHO to ask and HOW to contact them and IF they care.

[brittman]

Boy I have to admit too much reading for an "in hunting season thread". This topic appears better suited for mid February and not mid October.

Respect the laws as written for the states you are hunting in.

[laker1]

The only thing I would add it should be signed by the owner when posting,multiple reasons for that,wounded deer etc. Also years ago in Cass county and Aitkin county a study was done and there was a very high percentage of county and state land being posted illegally. I don't think that happens much anymore.

The present system works great,leave it alone.

[CaptainMusky]

No, that's not what I'm telling you. Sorry if you took it that way. I do believe all freedoms are created equal and that's the jist of American Democracy.

OK thanks for clarifying.

[Coach1310]

Coach,

Have you considered just talking to your neighbor about this?

First off, I never imagined my thread would spark such debate. I have had two conversations with the neighbors the past two years about who's land it is and that I would appreciate if they didn't hunt there as permission was given to others and I want to assure those with permission can hunt as safely and undisturbed as possible. He or someone he hunts with harassed one of the hunters with permission to the event he just took his son and went home. When I've as nicely as possible mentioned he does not have permission, he's given me the sarcastic "Oh really, we'll see about that" and I know he does not have permission. I've gotten no response to the posting signs yet... seems odd to post 10 signs on an internal land border, but he's given me no choice.

[CaptainMusky]

Coach, Wow! Seems you have no other choice to get authorities involved. First make sure those boundaries are posted, then if the wander aimlessly again its time to bring in those with ability to do something.

Seems pretty ridiculous that people would be complete donkeys about this especially when approached in a polite manner.

The DNR Hunting Regs even state, that whether your land is posted or not, if someone who is trespassing on it and they are asked to leave they are required to stay away for at least one year or face penalties.

[smsmith]

When I've as nicely as possible mentioned he does not have permission, he's given me the sarcastic "Oh really, we'll see about that" and I know he does not have permission. I've gotten no response to the posting signs yet... seems odd to post 10 signs on an internal land border, but he's given me no choice.

Typical response from someone used to doing whatever they want. Time for "niceness" to go away IMHO. You can be polite, yet direct.

Hunter Harassment Statute

MINNESOTA STATUTES ANNOTATED

GAME AND FISH

CHAPTER 97A. GAME AND FISH GENERAL PROVISIONS

97A.037. Hunter, trapper, and angler harassment prohibited

Subdivision

1. Interference with taking wild animals prohibited. A person who has the intent to prevent, disrupt, or dissuade the taking of a wild animal or enjoyment of the out-of-doors may not disturb or interfere with another person who is lawfully taking a wild animal or preparing to take a wild animal. "Preparing to take a wild animal" includes travel, camping, and other acts that occur on land or water where the affected person has the right or privilege to take lawfully a wild animal.

Subd. 2. Disturbing wild animals prohibited. A person who has the intent to prevent or disrupt a person from lawfully taking the animals may not disturb or engage in an activity that will tend to disturb wild animals.

Subd. 3. Persons intending to harass hunters, trappers, and anglers may not remain on land. A person who has intent to violate subdivision 1 or 2 may not enter or remain on public lands, or on private lands without permission of the owner.

Subd. 4. Peace officer order; penalty. A person must obey the order of a peace officer to stop the harassing conduct that violates this section if the officer observes the conduct. For purposes of this subdivision, "harassing conduct" does not include a landowner's or lessee's action to enforce the trespass law. Violation of this subdivision is a misdemeanor.

Laws 1989, c. 287, § 1.

[Wanderer]

Thanks for the response Coach.

Yeah, it sounds like they're leaving you no other option than to get serious with them. Maybe a visit from the local CO before season would help drive the point home.

Good Luck!

[BobT]

This is exactly the kind of cr@p that would make me go postal. So...I've posted my place, put up the signs, dated them, signed them, put my address on them...and the sun fades the added personal info over the course of half a year (exactly what happened to mine)...and you, as the all knowing stickler for placing the onus on a landowner note that the signs don't have personal info/dates, decide you're going to hunt my place.

I can tell you in no uncertain terms that such an occurrence on my place would not end well for either of us.

Okay, so tell me how I know that the signs you posted are in fact on land you own. That's the point of adding the personal information. I have encountered enough people posting public land to justify not accepting an improperly posted border. So then, when you come out there ranting with your arrogant attitude about how I've trespassed I'm going to respond with a request for proof of ownership because until you can prove you are the land owner, your word is nothing but bull.

I posted my land a few years ago out of respect for certain hunters that asked for permission to hunt it. It was not considerate of me to allow others to wander in when they took the time to talk to me first. Every year I need to check the signs to be sure they are still legible to read and are still in place so people know that they need to obtain permission before using. This is as much a courtesy to those fellows that did ask permission as it is to those who do not. I know when I am hunting and I come across posted land that is clearly posted I appreciate the owner for doing it because it is informative for me to know that he/she does not want trespassers or perhaps wants to limit the traffic.

[NWKR]

Okay, so tell me how I know that the signs you posted are in fact on land you own. That's the point of adding the personal information. I have encountered enough people posting public land to justify not accepting an improperly posted border. So then, when you come out there ranting with your arrogant attitude about how I've trespassed I'm going to respond with a request for proof of ownership because until you can prove you are the land owner, your word is nothing but bull.

His arrogant attitude? I'm not sure what to think of this response. So if there was contact information there it sounds like that wouldn't even matter to you because you believe they are most likely lying anyways? Give landowners another reason to not give permission to random people looking for a spot to hunt.

[smsmith]

Okay, so tell me how I know that the signs you posted are in fact on land you own. That's the point of adding the personal information. I have encountered enough people posting public land to justify not accepting an improperly posted border. So then, when you come out there ranting with your arrogant attitude about how I've trespassed I'm going to respond with a request for proof of ownership because until you can prove you are the land owner, your word is nothing but bull.

Yup, like I said...such an encounter would not end well for either of us. Unreal...you'd demand I prove the land YOU'RE TRESPASSING on is mine? Wow...ugly situation right there. Complete and total lack of respect for my property on your part would be met with complete and total respect for your person on mine.

[nofishfisherman]

Okay, so tell me how I know that the signs you posted are in fact on land you own. That's the point of adding the personal information. I have encountered enough people posting public land to justify not accepting an improperly posted border. So then, when you come out there ranting with your arrogant attitude about how I've trespassed I'm going to respond with a request for proof of ownership because until you can prove you are the land owner, your word is nothing but bull.

So let me get this straight. If you encounter posted land you require the landowner to come out with deed in hand to prove that he owns the land before you will accept that the signs he posted are indeed valid and in the right location? And until he shows proof of ownership you are taking his word as a bunch of bull?

Thats some backwards way of thinking.

[perchking]

Unbelievable, you sure are a piece of work.

[BobT]

So let me get this straight. If you encounter posted land you require the landowner to come out with deed in hand to prove that he owns the land before you will accept that the signs he posted are indeed valid and in the right location? And until he shows proof of ownership you are taking his word as a bunch of bull?

Thats some backwards way of thinking.

No. If I encounter posted land that is improperly marked (i.e., no contact information as defined by the law) and a self-professing land owner comes to me with an attitude I will respond in kind and request proof of ownership before I will take his word for it. I could throw up a bunch of signs and claim a parcel of land just as easily as he could. Likewise, I could just claim a piece of land that another person has posted even though I may not even know who the owner is. It's just land that happens to be posted so anyone I encounter except for the land owner himself is none the wiser when I tell them they are on private property.

My land is posted right now but I also know that my signs are faded and need to be updated. If I approach someone on my land how would they know that I am the owner and not some other fruitcake just claiming to be the owner?

[Eric Wettschreck]

I don't really want to get in the middle of this but I've had people tell me to get off of my own land (posted) because I didn't have permission to be on it.

[Getanet]

Well, did you leave?