someone is trapping on my land without permission.

[Tom7227]

The question of whether the OP owns the land/culvert/whatever is an open question. Many roadways are easements of a stated width, very often wider than the actual improved roadway be it asphalt, cement or gravel. To get the correct answer as to ownership of the area where the trap has been placed would require a significant amount of research and most likely is beyond the expertise of most landowners. The cleanest solution seems to me to contact a CO and let the process unfold.

My only suggestion to the OP is that he should give strong consideration to not allowing cats to roam. The impacts to wildlife are well documented.

[laker1]

If it is just a easement to the center of the road,individuals have the right to transport themselves via walking etc. in the ditch,but do not have the right to hunt or trap. It is soley for transportation.

It is different now if it is public owned.

[Big Dave2]

So if I see two dogs running around and they step on my property they are mine since you gifted them to me? Or if a snowmobile breaks down or runs out of gas in my ditch or in my field the snowmobile now belongs to me? If the trapper was intentionally breaking laws by all means, do what ever you feel is necessary. But an honest mistake if this is indeed what it is should be treated like one. Over and out.

Nope, you're not even close to comparing similar scenarios but if your dogs are on my property and create a problem I will be having a conversation with you. If your snowmobile breaks down in the ditch it's none of my business but I would offer to help you if I'm home. If your snowmobile breaks down on my property I will offer to help you but you will have some explaining to do as to why you are there unless I have allowed a grant-in-aid trail to cross my property.

I whole-heartedly believe in respecting other people's property.

[delcecchi]

The question of whether the OP owns the land/culvert/whatever is an open question. Many roadways are easements of a stated width, very often wider than the actual improved roadway be it asphalt, cement or gravel. To get the correct answer as to ownership of the area where the trap has been placed would require a significant amount of research and most likely is beyond the expertise of most landowners. The cleanest solution seems to me to contact a CO and let the process unfold.

My only suggestion to the OP is that he should give strong consideration to not allowing cats to roam. The impacts to wildlife are well documented.

Wouldn't looking at the plat map give a pretty good indication if it is an easement or an actual property for the road?

[JP Z]

Quiet Del! That might be to easy of a solution

[corncob]

I bet if you kept his traps that you found on your property for safe-keeping that would solve the problem.

[MontanaMax]

Quiet Del! That might be to easy of a solution

Not to mention the preliminary title commitment you obtain before you buy a property would tell you what ground you own, what easements there are including roadways and where they are located, and any reservation of rights to the original landowner before development, which could include right of entry to trap. I think I would have started there before posting here and asking the world what is right under the situation that nobody could possibly know without those documents.

[nofishfisherman]

It seems like the OP has a grasp on his property lines stating that the right of way extends 8 feet from the road edge. Assuming he is correct and the trap was placed further than 8 feet from the road way then I'd suggest posting the land so that the trapper knows where the lines are. If he continues to set the traps on your property then start marking the location you found the trap (photos of the set trap in the spot you found it would be helpful), collect the trap and then call the local CO and explain whats going on. Tell him that you have the trap and photos of its placement.

A conversation with the CO will also help clear up the rights of the trapper and whether they can legally set up along the road beyond your property lines and what rights you have. I know I wouldn't want traps set between the road and my property line but not sure what options you'd have to fight it.

In the end a conversation with the trapper could settle things but since he hasn't posted the legally required info on the traps finding out who he is might be tough. Since he's also already broken one law by not legally tagging his traps it starts to speak to the type of guy you might be dealing with here so involving the CO and letting him handle the talking is probably the best bet.

[icehole10]

I got my butt chewed out by a farmer when I was a kid for trapping pocket gophers in the ditch by his field, not in his field. I thought I was doing him a favor, but he was not very appreciative Come to find out, after he cooled down that someone had dug a bunch of holes and not filled them back in and when he was mowing the ditch, it made for a rough ride. In the end he told me to go ahead, as long as I cleaned up when I was done. If he is there day after day resetting it, I would have to think it someone who is just starting out and doesn't realize what he is doing, much like I was. I would leave a note by the trap and ask him t come talk to you about it, or move on. Just my I'm sure there are many that will disagree with me!

[nofishfisherman]

I agree that talking with the guy might solve the issue. I'd just advise the OP to talk to a CO first to make sure he is well informed on the law and what rights the trapper has and what rights he as the land owner has. It will make for a much more productive conversation.

[JP Z]

Yeah I would start with the CO and then see what they suggest. After doing a bit of research of course on your own if you have your platte map and the like as was mentioned. But talking to the CO will be easiest....or at least it should be.

[Tom7227]

The common plat book that you can buy for a county will likely not give enough information to make a decision on. If you looked at the plat book at the courthouse you may get an idea. But then there is the issue of where exactly the easement is. For example there is a 60 foot easement for the road in front of my house but the road itself is way off to the far side in a curve. Found that out when the Township proposed putting a sewer lift station and parking pad in what I though was my front yard. They had every legal right to do it. In short you can't just measure from the centerline and know that you have the ownership question answered.

[delcecchi]

I got a copy of the plat for my little subdivision at the courthouse and it shows all the corners of the property along with the road. Then you might be able to even find the stakes marking the corners.

The legal description of the property, if you have it, might also tell whether the road is property of the township or county, or just an easement. Possibly a phone call or two could even resolve the question about the road.

[LoonASea]

Has anyone else noticed the OP made the 1st and 4th post and hasnt been heard from since ,,,,I will reserve my opinion until I get more info and avoid the banter

[MontanaMax]

I'm sensing that like the OP, not many of the posters read the title commitment, the attachments, or listened when the lawyer explained them at closing. OP has most of his answers to his questions in the closing packet he got, so I would suggest starting his research there. I see hunting, fishing, and recreation rights (which would include trapping) reserved in rural lands fairly frequently so the kid may have rights the OP can't do anything about even though he now owns the land. I would start by finding out if anyone reserved rights, and that would dictate my course from there. Those closing documents will then help him with boundaries, easements versus right of ways. Once he knows what's going on, then can call the authorities if he needs help. Taking and discarding evidence is not something I'd recommend to anyone no matter how in the "right" they are.

[JP Z]

I guess if it bothers him that much, just contact your local CO......how difficult is a phone call?

[mnboy26]

I bought 3 more, no trespassing signs. Placed them strategically around the traps, entry points to the traps that were another 25 yards onto my property (which I hadn't noticed in the dark before). problem solved. Thanks for the input.