Boarders ex-barn owner trespassing - advice needed! - Page 2
 
 

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Boarders ex-barn owner trespassing - advice needed!

This is a discussion on Boarders ex-barn owner trespassing - advice needed! within the Horse Law forums, part of the Horse Resources category
  • Purple stripes trespassing nc
  • If I took a warrent out on someone for tresspassing do I need a laywer

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    10-24-2011, 10:27 AM
  #11
THN
Foal
I think it's a 3 step process just like working with horses.
1) request- ask the person not to come on the property (already done).
2) insist - insist that the person does not come on the property or legal action will be taken (do now that she has disregarded the request)
3) make/force - though we never enjoy this step sometimes it is necessary. In this case it would be contacting law enforcement.

There is debate over the beware of dogs signs. My personal view is that you should put up signs and here is my logic. Your dogs are contained and not running loose all over the neighborhood. If someone chooses to enter their enclosure and have been forwarded than they are personally accepting the risk. You as the dog's owner have done everything reasonable to prevent someone being bit. Your dogs were contained on private property and clearly labeled. If they get out however and are terrorizing children in the streets, then that is a different story and yes you should be held liable.
     
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    10-24-2011, 10:30 AM
  #12
Super Moderator
I don't know about YOUR state, but in NC if you told her that she could not come onto your property and she later did, you can go to a magistrate and take out a warrant for her arrest for trespassing. Even if you are home and she comes onto your property after being told not to can subject her to a trespassing complaint. You don't even have to call the police.
Here, the only way the police can arrest for trespassing is if they #1 witness you tell them not to come onto your property, #2 later, if THEY see her on your property. Then they can automatically arrest her on sight. Otherwise, it is up to you to take out the warrants.
     
    10-24-2011, 11:58 AM
  #13
Trained
Here's a copy of the OK Trespassing law section that describes what you must do to post your property, look for what's required in your state and follow it to the letter.

1. Exhibiting signs to read as follows: "PROPERTY RESTRICTED"; "POSTED ‑ KEEP OUT"; "KEEP OUT"; "NO TRESPASSING"; or similar signs which are displayed. Property that is fenced or not fenced must have such signs placed conspicuously and at all places where entry to the property is normally expected; or
2. Placing purple paint marks on posts on the property, provided that the marks are:
a. vertical lines at least one (1) inch in width and at least eight (8) inches in length,
b. placed so that the bottom of the mark is not less than three (3) feet from the ground or more than five (5) feet from the ground, and
c. placed at locations that are readily visible to any person approaching the property and no more than one thousand (1,000) feet apart on land other than forest, and one hundred (100) feet apart on forest land.
B. Beginning July 1, 2005, when a landowner uses the purple posting to identify no trespassing, such marks must be accompanied by signs placed conspicuously and at all places where entry to the property is normally expected, explaining that the purple stripe means no trespassing, property restricted, or similar explanation of what the purple stripe indicates. Property that is fenced or not fenced and using the purple paint marks must have such signs placed conspicuously and at all places where entry to the property is normally expected. On and after July 1, 2006, no sign shall be required to explain the purple posting.
     
    10-24-2011, 01:10 PM
  #14
Green Broke
DOnt know where you live, but in many areas , the physical act of opening doors and entering a building is breaking and entering you don't need a no trespassing sign on a closed building, Its a crime either way. Id call the cops and take out a warrant for felony breaking and entering, or at least criminal tresspass. If you are not willing to enforce the law then you will just have to put up with people helping them selves to your place.
     
    12-14-2011, 09:33 AM
  #15
Banned
My question here is...why did she feel she had the right to check up on a horse that was no longer boarded at her facility? Technically, going on any property to which someone really has no business being there is tresspassing in and of itself. If she was concerned about abuse issues, and I'll use this in general, the proper step would be to notify local authorities about the concern. This woman had some serious such and such to think she had the right to just traipse onto someone else's property, go into a closed barn and even worse, feed treats. If I am at a strange barn for whatever reason I never feed a horse treats without the owner's express permission and full knowledge.
     
    12-14-2011, 10:18 AM
  #16
mls
Trained
Quote:
Originally Posted by THN    
That is perfect! Professional, to the point, and if further steps need to be taken you are ready.
Actually it's not perfect. Sad fact - Posting "Beware of dogs" is not a good thing to do. If the trespasser is harmed, they can prove you knew the dogs were agressive and sue.

Brookside is correct. Contact the local law enforcement and request a visit to the trespasser.
     
    12-14-2011, 10:21 AM
  #17
mls
Trained
Quote:
Originally Posted by Dreamcatcher Arabians    
Here's a copy of the OK Trespassing law section that describes what you must do to post your property, look for what's required in your state and follow it to the letter.

1. Exhibiting signs to read as follows: "PROPERTY RESTRICTED"; "POSTED ‑ KEEP OUT"; "KEEP OUT"; "NO TRESPASSING"; or similar signs which are displayed. Property that is fenced or not fenced must have such signs placed conspicuously and at all places where entry to the property is normally expected; or
2. Placing purple paint marks on posts on the property, provided that the marks are:
a. vertical lines at least one (1) inch in width and at least eight (8) inches in length,
b. placed so that the bottom of the mark is not less than three (3) feet from the ground or more than five (5) feet from the ground, and
c. placed at locations that are readily visible to any person approaching the property and no more than one thousand (1,000) feet apart on land other than forest, and one hundred (100) feet apart on forest land.
B. Beginning July 1, 2005, when a landowner uses the purple posting to identify no trespassing, such marks must be accompanied by signs placed conspicuously and at all places where entry to the property is normally expected, explaining that the purple stripe means no trespassing, property restricted, or similar explanation of what the purple stripe indicates. Property that is fenced or not fenced and using the purple paint marks must have such signs placed conspicuously and at all places where entry to the property is normally expected. On and after July 1, 2006, no sign shall be required to explain the purple posting.
That is for land - typically to let hunters know where they cannot go. A homestead IS private property.
     
    12-16-2011, 07:31 AM
  #18
Showing
This fall a hunter was caught on my property. The police charged him with trespass which is in the same category as a speeding ticket - a $50 fine. But his name is now in the system. Should he reoffend in Ontario it will be more serious the next time. The land was posted No Trespassing. The law puts the ownus on the trespasser to learn where the boundary lines are. The fact that one has to pass thro a gate to get to your barn is a definite boundary. I would send her a registered letter stating that she is not to enter your property. Just one simple clear sentence. Keep the copy and any paperwork from the post office. If she shows up again call the police. They will talk to her and read her the riot act once you show them the documentation. It is more effective coming from them.
     
    12-16-2011, 09:16 AM
  #19
Started
Me being on the younger side, I can be a bit naive
But if you said she was not welcomed already before the incident she therefore trespassed.
Since she opened buildings and went indoors she then can be charged for breaking and entering and charges can be filed since she admitted it (if you still have the copy for proof not just the friends text alone )
I think posting signs at this point will be useless with her but for further problems I would put no trespassing up and beware of dogs.

And mls in my state if you have the beware of dogs sign up and you have an aggressive dog and someone comes on to the property unannounced they are at fault if they get attacked. Not the owners!
(had to deal with this once) but judges will not charge an owner with a dogs assualt if there is proof the dogs are in a controled environment at all times.

Goodluck hope you get it sorted out my parents would go nuts if someone did that on our property for safety sakes not only just for trespassing
     
    12-16-2011, 10:54 AM
  #20
Started
Lol this was back in October so has been long since handled. I filed a complaint with our sheriff and he exPlained to her that she was in the wrong and although I wasn't pressing charges this time the next time it would be considered Criminal Trespassing and she would be arrested immediately - no warnings, no tickets.
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