Trespassing 2

Subject: Trespassing (again)

Date: 2002-05-29 11:56:21 PST

It is remarkable to me that so many threads here end up
wandering over into the realm of trespass law, and the limits
of the law and remedies that the landowner has. I find it
particularly interesting that the quantity of discussion here is
vastly out of proportion to the importance of the topic in
real life.

I myself have only once asked someone to leave my property.
They were hunting without permission and claimed that they
had misunderstood the property boundaries and thought they
were on my neighbor's land. It was a group of three young
people with a dog, and they left without quarrel after I spoke
with them.

Conversely, I can only recall one instance when I was asked
to leave the property of another. I was photographing the
CNW railroad's lift bridge in St. Paul, a particularly unusual
and picturesque river crossing adjacent to Roberts St. An
employee of the railroad took exception to my presence, so
I left. Sadly, the bridge has since been demolished.

Friends and relatives of mine have asked people to leave,
and been asked to leave, over the years. I can not recall
any case that ended up in court, and only one comes to
mind that resulted in the involvement of law enforcement.

That unusual event occured when an acquaintance was
hunting for pheasants in a particularly rural area of South
Dakota. He had obtained permission from a farmer to
hunt in a field that the farmer rented.

The land belonged to an absentee owner who had purchased
it so as to have his own private hunting ground, and then
rented it to the farmer to grow crops. The landowner arrived
at the field to hunt pheasants himself. He was, according
to the story, beside himself with rage that someone
else was hunting his land, claimed that the renter didn't have
the authority to give permission to hunt, and called the sheriff.
A terrible fuss ensued (though the language probably didn't
rival mbongo's). I don't think a ticket was ever issued.

[web site home] | [Rural Home]