# Trespassing opinion question



## NbyNW (Jun 30, 2012)

I want the opinion of other outdoorsman/fisherman. I bought a house on a canal on a lake, over the last year we have been renovating and moved in a little time ago. Over the renovating period I have noticed quite a few people will stop and fish on the vacant land across and next to our property. The land is vacant, and private property, there is no public access or public property near our property, and sometimes people would even fish the lake from our property. I should state I do know the owners of the land, and they have not given any access to people to use the land, but it is vacant and they do not monitor the land. It seems the fisherman have not been told no by anyone in the past, so they think it is okay to fish there. I have approached two separate groups of two, the first I simply stated it was private property and asked if they had permission to access, they were kind and stated they did not and left the area. The second group was launching a small boat from the back of there truck, so I asked to speak with them, and they became more hostile. This made me think a little bit about the approach I should have in the future. It seems in the past, the land has been vacant so no one was there to say anything. Now that we live there, I am hesitant to speak to a random Joe and get confrontational about this, yet at the same time am hesitant to let random people continue to fish the area. 

So what is your guys opinions? Should I try to speak and explain to the people to not use the area? Or should I let well enough be?


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## plugger (Aug 8, 2001)

I would think it is up to the landowner allow or disallow access. Unless the landowner conveys right of tenant you are overstepping your bounds.


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## NbyNW (Jun 30, 2012)

As I stated, I have spoken to the owners of the properties and they have not given access to anyone to use.


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## plugger (Aug 8, 2001)

NbyNW said:


> As I stated, I have spoken to the owners of the properties and they have not given access to anyone to use.


 Have they given you authority to control access?


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## NbyNW (Jun 30, 2012)

Come on man, I get the legal aspects of the question I am proposing, that is not what I am asking. I am preferring to ask whether or not other people care when people are trespassing on land next to their own. I know I can get the authority to control access, and can legally tell people to not use the land. Do other people care about random people near their home, or is there more people out there with the 'as long as your not doing harm to me and my own.'


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## bobberbill (Apr 5, 2011)

Sounds more like you don't want someone catching 'YOUR' fish. It's not your property. If the land owners aren't concerned, it doesn't make it YOUR problem. If your land is tresspassed, you have a right to do or say something.


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## Honkkilla59 (Dec 12, 2013)

bobberbill said:


> Sounds more like you don't want someone catching 'YOUR' fish. It's not your property. If the land owners aren't concerned, it doesn't make it YOUR problem. If your land is tresspassed, you have a right to do or say something.


Actually if it is a private lake and they gain access by trespassing the individuals in the boat are committing trespass against any owners whose property they pass thru or places they fish.
It sounds to me that someone wants to enjoy the privacy they paid for and not have a bunch of freeloaders leeching of of him.


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## NbyNW (Jun 30, 2012)

I could care less about the fishing. I haven't even fished here yet. As honkkilla said it is more about the privacy and random people walking around. I do pay significantly more in taxes than not on the lake. 

As I have stated repeatedly, I can have the rights from the current land owners to protect their land. I don't understand what is so hard for people to get that. This is not about the legality or the fishing. It is a public lake where they are using private land to fish from and access the water.


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## swampbuck (Dec 23, 2004)

I wouldn't have a problem with it, there are places around Houghton lake were its common. That is as long as their not trashing the place.

The owner obviously don't care or he wouldn't have let it go on all of that time, He's only willing to do it only because the neighbor is complaining.

If they have never been a problem, then why be one of "those guys".....hell, maybe if you talked to them you could end up with some fishin buddies


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## Honkkilla59 (Dec 12, 2013)

swampbuck said:


> I wouldn't have a problem with it, there are places around Houghton lake were its common. That is as long as their not trashing the place.
> 
> The owner obviously don't care or he wouldn't have let it go on all of that time, He's only willing to do it only because the neighbor is complaining.
> 
> If they have never been a problem, then why be one of "those guys".....hell, maybe if you talked to them you could end up with some fishin buddies


Maybe the owner who is a absentee owner figures it is pointless to try to manage it if he is not there.
The real issue is since when is it OK to tresspass , I bet you think it's ok to tresspassed for hunting on property if the owner is out of town.
I'm sure you have no problem staying in your house wh=n you are out of town as long as the don't trash it , love the mentality. I could send some illegal immigrants your way maybe you can make some new " buddies".


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## swampbuck (Dec 23, 2004)

Some people simply don't have a problem with someone doing that. He obviously didn't. Has nothing to do with your examples.

Have these people ever been a problem for the other neighbors ? Has the owner ever posted the land ?

One of my friends has a premium lot on a Houghton lake canal. He has no problem with people fishing, might even bring an extra beer when he comes out to see if your getting anything.


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## Ranger Ray (Mar 2, 2003)

It wouldn't bother me.


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## jackbob42 (Nov 12, 2003)

NbyNW said:


> Come on man, I get the legal aspects of the question I am proposing, that is not what I am asking. I am preferring to ask whether or not other people care when people are trespassing on land next to their own. I know I can get the authority to control access, and can legally tell people to not use the land. Do other people care about random people near their home, or is there more people out there with the 'as long as your not doing harm to me and my own.'



If the property owner doesn't care what goes on at his property , why should you?
Pretend he is there allowing it and just post your own property and quit worrying about his business.
Simply by putting up this post we can all see you're one of " those guys ". You're just looking for everybody to justify it for you.


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## kzoofisher (Mar 6, 2011)

jackbob42 said:


> If the property owner doesn't care what goes on at his property , why should you?
> Pretend he is there allowing it and just post your own property and quit worrying about his business.
> Simply by putting up this post we can all see you're one of " those guys ". You're just looking for everybody to justify it for you.


Well, if the OP is paying a premium for being on a private body of water his neighbor creating a de facto public access is possibly negatively influencing his property value. In any case, anyone trespassing to gain access to the lake is violating his property rights, property rights that he has paid money for. The trespassers may feel entitled to access because of long use. Can they claim that they have used it so long that is now a public access? I don't see this as any different than a guy setting up a deer stand on the edge of your property while trespassing on the neighbors and shooting deer that are feeding on your land.


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## jackbob42 (Nov 12, 2003)

kzoofisher said:


> Well, if the OP is paying a premium for being on a private body of water his neighbor creating a de facto public access is possibly negatively influencing his property value. In any case, anyone trespassing to gain access to the lake is violating his property rights, property rights that he has paid money for. The trespassers may feel entitled to access because of long use. Can they claim that they have used it so long that is now a public access? I don't see this as any different than a guy setting up a deer stand on the edge of your property while trespassing on the neighbors and shooting deer that are feeding on your land.



Why are you adding things that aren't there? He already said it was a public lake.
If he has an issue , he should take it up with the landowner.
As for your deer hunting analogy , that would be like a neighbor telling me who I can/can't let hunt my property. Ain't gonna happen ! Ain't nobodies business but mine.


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## kzoofisher (Mar 6, 2011)

jackbob42 said:


> Why are you adding things that aren't there? He already said it was a public lake.
> If he has an issue , he should take it up with the landowner.
> As for your deer hunting analogy , that would be like a neighbor telling me who I can/can't let hunt my property. Ain't gonna happen ! Ain't nobodies business but mine.


You are quite right, I missed the addition further down that it is a public lake. My bad. If the property owner doesn't mind people using his land as an access that's his business and his attractive nuisance.


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## Honkkilla59 (Dec 12, 2013)

I think it's sad if those accessing the property haven't asked permission but just another example of the lack of respect for others property .
I know I was taught better .


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## NbyNW (Jun 30, 2012)

Surprised at the number of people justifying others who are knowingly breaking the law. Also, there are many assumptions going on. I do not know what all happened before we purchased the home, but I have had multiple neighbors and surrounding homes approach me with appreciation that we are improving and taking care of the place/property as it was not under previous owners. I.e. The previous owners burnt garbage, wrecked the home, had more than ten people living within, would put mounds of trash on neighboring lots, etc. so for all of the assumptions that the vacant land owners did not care, that was not the case. To the next point, if a tree falls in the woods and no one is near does it still make a sound? The vacant owners did not see trespassers, as it was vacant and they do not live near this property. I have close to a half mile of vacant land around my house, so I would have the only property directly affected.
And about being that guy? Do you mean a law abiding citizen who watches over their neighbors property to ensure it is not damaged/used/vandalized? Or do you mean someone who knowingly breaks the state law prohibiting against trespassing on others property? But who cares? As long as no one says anything I'm entitled to that access, for free.
I was hoping to have a conversation from land owners perspective who have dealt with similar issues and maybe have a few different opinions thrown around. Instead this is making me feel I do need to protect the land, because these trespassers likely have similar thoughts as many of yours, which is entitled and unlawful.


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## Honkkilla59 (Dec 12, 2013)

NbyNW said:


> Surprised at the number of people justifying others who are knowingly breaking the law. Also, there are many assumptions going on. I do not know what all happened before we purchased the home, but I have had multiple neighbors and surrounding homes approach me with appreciation that we are improving and taking care of the place/property as it was not under previous owners. I.e. The previous owners burnt garbage, wrecked the home, had more than ten people living within, would put mounds of trash on neighboring lots, etc. so for all of the assumptions that the vacant land owners did not care, that was not the case. To the next point, if a tree falls in the woods and no one is near does it still make a sound? The vacant owners did not see trespassers, as it was vacant and they do not live near this property. I have close to a half mile of vacant land around my house, so I would have the only property directly affected.
> And about being that guy? Do you mean a law abiding citizen who watches over their neighbors property to ensure it is not damaged/used/vandalized? Or do you mean someone who knowingly breaks the state law prohibiting against trespassing on others property? But who cares? As long as no one says anything I'm entitled to that access, for free.
> I was hoping to have a conversation from land owners perspective who have dealt with similar issues and maybe have a few different opinions thrown around. Instead this is making me feel I do need to protect the land, because these trespassers likely have similar thoughts as many of yours, which is entitled and unlawful.



X2 It's the world we live in.


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## jackbob42 (Nov 12, 2003)

NbyNW said:


> Surprised at the number of people justifying others who are knowingly breaking the law. Also, there are many assumptions going on. I do not know what all happened before we purchased the home, but I have had multiple neighbors and surrounding homes approach me with appreciation that we are improving and taking care of the place/property as it was not under previous owners. I.e. The previous owners burnt garbage, wrecked the home, had more than ten people living within, would put mounds of trash on neighboring lots, etc. so for all of the assumptions that the vacant land owners did not care, that was not the case. To the next point, if a tree falls in the woods and no one is near does it still make a sound? The vacant owners did not see trespassers, as it was vacant and they do not live near this property. I have close to a half mile of vacant land around my house, so I would have the only property directly affected.
> And about being that guy? Do you mean a law abiding citizen who watches over their neighbors property to ensure it is not damaged/used/vandalized? Or do you mean someone who knowingly breaks the state law prohibiting against trespassing on others property? But who cares? As long as no one says anything I'm entitled to that access, for free.
> I was hoping to have a conversation from land owners perspective who have dealt with similar issues and maybe have a few different opinions thrown around. Instead this is making me feel I do need to protect the land, because these trespassers likely have similar thoughts as many of yours, which is entitled and unlawful.



If they're breaking the law , call the law ! It's that simple.
If they won't do anything because the landowner don't care , then what are you going to do ?
Not really sure what you're looking for.


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## twodogsphil (Apr 16, 2002)

NxNW, I hate to burst your bubble, but unless the neighboring property meets the criteria defined in (1)(a) or (1)(b) of the state's Recreational Trespass Act [see below], the trespassers are not breaking the law.

*324.73102 Entering or remaining on property of another; consent; exceptions.*

Sec. 73102.

(1) Except as provided in subsection (4), a person shall not enter or remain upon the property of another person, other than farm property or a wooded area connected to farm property, to engage in any recreational activity or trapping on that property without the consent of the owner or his or her lessee or agent, if either of the following circumstances exists:

(a) The property is fenced or enclosed and is maintained in such a manner as to exclude intruders.

(b) The property is posted in a conspicuous manner against entry. The minimum letter height on the posting signs shall be 1 inch. Each posting sign shall be not less than 50 square inches, and the signs shall be spaced to enable a person to observe not less than 1 sign at any point of entry upon the property.

(2) Except as provided in subsection (4), a person shall not enter or remain upon farm property or a wooded area connected to farm property for any recreational activity or trapping without the consent of the owner or his or her lessee or agent, whether or not the farm property or wooded area connected to farm property is fenced, enclosed, or posted.

(3) On fenced or posted property or farm property, a fisherman wading or floating a navigable public stream may, without written or oral consent, enter upon property within the clearly defined banks of the stream or, without damaging farm products, walk a route as closely proximate to the clearly defined bank as possible when necessary to avoid a natural or artificial hazard or obstruction, including, but not limited to, a dam, deep hole, or a fence or other exercise of ownership by the riparian owner.

(4) A person other than a person possessing a firearm may, unless previously prohibited in writing or orally by the property owner or his or her lessee or agent, enter on foot upon the property of another person for the sole purpose of retrieving a hunting dog. The person shall not remain on the property beyond the reasonable time necessary to retrieve the dog. In an action under section 73109 or 73110, the burden of showing that the property owner or his or her lessee or agent previously prohibited entry under this subsection is on the plaintiff or prosecuting attorney, respectively.

(5) Consent to enter or remain upon the property of another person pursuant to this section may be given orally or in writing. The consent may establish conditions for entering or remaining upon that property. Unless prohibited in the written consent, a written consent may be amended or revoked orally. If the owner or his or her lessee or agent requires all persons entering or remaining upon the property to have written consent, the presence of the person on the property without written consent is prima facie evidence of unlawful entry.


*History:* Add. 1995, Act 58, Imd. Eff. May 24, 1995 ;-- Am. 1998, Act 546, Eff. Mar. 23, 1999 
*Popular Name:* Act 451
*Popular Name:* NREPA
*Popular Name:* Recreational Trespass Act


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## Luv2hunteup (Mar 22, 2003)

It's not your property so it's not your problem. Be a good neighbor and let the property owner know so he can decide if it's a problem or not.


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## FREEPOP (Apr 11, 2002)

Luv2hunteup said:


> It's not your property so it's not your problem. Be a good neighbor and let the property owner know so he can decide if it's a problem or not.


I agree. 

If the neighbor doesn't want anyone there, he should post it if it isn't already (you haven't given that info).
You may feel that you can tell people to leave the neighbor's property but legally, you have no power. That's why you can't call the law, who should handle the situation.

You could post a question up on an internet forum, get the truth of the matter and then whine about it :lol:


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## JPK (Aug 11, 2014)

nbyNW- Well,here's what I would suggest. Contact the people you know and see if they may want you to put up several no trespassing signs. That would be the first step. And if it is still a problem call the sheriff while the trespassers are still there. I'm not sure legally what you would have to get on paper from the other people allowing you to keep an eye on their property in their absence. But some type of legal proof from the owners that they are giving you the authority. Heck ,it could just be a notarizied letter. Just guessing. You cerently don't want this to get out of hand. Word does travel amongst this type of violators.


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## NbyNW (Jun 30, 2012)

JPK said:


> nbyNW- Well,here's what I would suggest. Contact the people you know and see if they may want you to put up several no trespassing signs. That would be the first step. And if it is still a problem call the sheriff while the trespassers are still there. I'm not sure legally what you would have to get on paper from the other people allowing you to keep an eye on their property in their absence. But some type of legal proof from the owners that they are giving you the authority. Heck ,it could just be a notarizied letter. Just guessing. You cerently don't want this to get out of hand. Word does travel amongst this type of violators.


Thanks JPK for the advice. Sounds more along the lines of what I am going to be doing.


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## Scout 2 (Dec 31, 2004)

You are the type of neighbor I would like to have. After the first year you wouldn't have any hair left from chasing people around that I let go on mine. But I do know where you are coming from and if you contacted the owner and he did not seem to care that should be it. If it bothers you so bad why don't you buy his property and then kick away


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## Far Beyond Driven (Jan 23, 2006)

Post your property, maybe put up a garbage can where yours and your neighbors meets the roads if trash is an issue. You're going to have to manage this, as you will have over flow from his property onto yours, be it trash, smoke, noise, people, dogs.

That said, you can manage it how you want. My parents get pissed when people wade in front of their place to fish, from the boat launch down the road. I ask them how the fishing is. Guys probably don't have a boat and just are trying to get a few sunnies for dinner on the cheap. My parents get pissed when someone layout hunted in front of their place and anchored the tender boat 100' from their shore. I invited the guy in for breakfast, told him I wasn't calling the cops even though I could, and pimped him for info on how the ducks used the lake. He ended up waiting out a down pour under the eave on my deck plate of bacon in hand. The guy getting soaked in the layout boat was pissed!


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## MERGANZER (Aug 24, 2006)

You had better hope that the property hasn't been used as an access point for too long. It could get deemed an easement if people have been using it long enough and not been told that they can't.

Ganzer


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## JPK (Aug 11, 2014)

MERGANZER said:


> You had better hope that the property hasn't been used as an access point for too long. It could get deemed an easement if people have been using it long enough and not been told that they can't.
> 
> Ganzer


 Who would have the authority to deem it as an easement ????, How and Why ?? The property is privately owned.


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## FREEPOP (Apr 11, 2002)

Read up on "adverse possession"


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## MERGANZER (Aug 24, 2006)

JPK said:


> Who would have the authority to deem it as an easement ????, How and Why ?? The property is privately owned.


I am not an attorney and I don't know the details but if it has been used for a determined length of time and those using it have not been informed they cannot use it, it can become an easement. Much like squatters can claim they have the rights to a piece of property.

Ganzer


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## MERGANZER (Aug 24, 2006)

EASEMENTS ACQUIRED BY USE OF PROPERTY Someone can acquire an easement over another's land for a particular purpose if he uses the land hostilely, openly, and continuously for a set period of time. These terms are explained in "Requirements for Obtaining Land by Adverse Possession," above. The length of use required varies from state to state and is often the same--ten or twenty years--as that for adverse possession (acquiring ownership of land by occupying it). An easement acquired in this way is called a "prescriptive easement." COMPARING PRESCRIPTIVE EASEMENTS AND ADVERSE POSSESSION Depending on the circumstances and on state law, someone who uses another's property may eventually gain ownership of the property (by adverse possession) or gain the right to use part of the property for a particular purpose (prescriptive easement). To gain ownership of someone else's land, a trespasser must occupy it hostilely, openly, exclusively and continuously for a certain period of time set by state law. Some states require that the trespasser also pay the property taxes on the land during the period. The requirements are much the same for a prescriptive easement: For instance, if the trespasser abandons the use for several years and then goes back to it, the element of continuity is missing, and no easement will have been created. If a prescriptive easement is challenged in court, and one of the elements is missing, there is no easement. But there are also important differences. First, payment of property taxes is never necessary for a successful prescriptive easement claim. In states that require the payment of property taxes to obtain ownership by a trespasser, courts will grant the trespasser a prescriptive easement, but not ownership, when all requirements have been met except paying the taxes. Also, to acquire a prescriptive easement a trespasser does not need to be the only one using the land. A trespasser can gain the easement when others are also using the property--even the owner. It follows that more than one person can acquire a prescriptive easement in the same portion of land. Example: One of the most common ways in which several neighbors gain a prescriptive easement is by using a driveway or road on another's land for many years without being challenged by the owner. This was the result in a Washington state case when neighbors treated a driveway as their own for 40 years, finally expanding it into a road. When the owner tried to reclaim the area, the court ruled in favor of the neighbors--they had established a legal right to the road by prescriptive easement.(9) Courts sometimes appear more willing to grant a prescriptive easement than actual ownership (through adverse possession) to a trespasser. The results are far less drastic for the owner. The easement does not take away the ownership of the property; it only requires the owner to allow the particular use of the property by somebody else. ESTABLISHING A PRESCRIPTIVE EASEMENT Typically, a prescriptive easement is created when someone uses land for access, such as a driveway or beach path or shortcut. But many times, a neighbor has simply begun using a part of the adjoining property. He may have farmed it or even have built on it. After the time requirement is met, the trespasser gains a legal right to use the property. When the trespassing is done by the public, a public right to use property can be created. It is often called an "implied dedication" instead of a prescriptive easement. A public dedication is often created if an owner allows the city or county to make improvements or maintain a portion of his land.(10) For example, the owner of beachfront property may let the county pave her private drive, which is used by many people for access to the beach. The public would then gain a right to use the drive. When disputes over prescriptive easements find their way into court, judges vary on what kind of use of someone's property justifies creation of an easement. Some courts find that simply using a strip of land regularly for a shortcut is enough for a prescriptive easement. But some are very reluctant to grant rights on someone else's land and require the use to be substantial. Example: In a lawsuit over a garage built partly on a neighbor's land in Indiana, a court gave the garage owner a prescriptive easement allowing him to use the three feet of garage on the neighbor's property. But it denied one for the grass and strip beside it, even though the trespasser had mowed it and treated it as his own for over forty years.(11) The building of a structure, in this case the garage, was a substantial enough use to create a prescriptive easement, but just mowing the strip of grass was not. BLOCKING ACQUISITION OF A PRESCRIPTIVE EASEMENT Methods of removing intruders from property are discussed above. But if you don't mind someone using part of your property, the simplest way to prevent a prescriptive easement is to grant the person permission to use the property. Permission of the owner to use property cancels a trespasser's claim to a prescriptive easement. If your neighbor is parking his car on a small strip of your property and you give him permission to do so, he is no longer a trespasser, and he can't try to claim an easement by prescription. Giving permission to a current user also prevents neighbors who move in later from claiming they have inherited a prescriptive easement. Sometimes, your permission can even be implied. For example, if you allow a neighbor to use your property because you are on friendly terms, your implied permission is called "neighborly accommodation." This implied consent based on a friendly relationship is only between you and that neighbor--not anyone else, including later owners. For example, a new owner of property in Washington, D.C. went to court and tried to claim an easement across a neighbor's yard because the former owner had been allowed to cross the property. The court ruled that he had no right to use the property because the friendship between the previous owner and the neighbor created a limited implied permission.(12) Another court in Ohio found an implied permission from neighborly accommodation when the neighbor had used a private road for access for over 40 years. When the property was sold, the new owner had no right to the road. Depending on implied permission, or even oral permission, however, is not a wise idea for protection in the future. You could still end up in court having to let a judge interpret your intentions. The safest way to protect your property interest when you do give someone permission is to put the terms in writing. The sample agreement above can be used for easements. If several neighbors use a strip of your property, you should draw up an permission agreement for each one to sign. When the public is using a private strip, you can post signs granting permission. In some states, such as California, posting these signs at every entrance and at certain intervals protects the owner from claims of a prescriptive easement.(13) Depending on posted signs alone for protection, however, is always risky. If possible, take a further step, putting your permission for the public in writing, taking it down to the courthouse and recording it (filing a copy) in the county land records. California has a statute providing for this procedure;(14) check at your local courthouse to see it's allowed in your area. Recording it makes the permission part of the public record and available for anyone to check. (7) Norwood v. City of New York, 95 Misc. 2d 55, 406 N.Y.S.2d 256 (1978). (8) McCann v. City of Los Angeles, 79 Cal. 3d 112, 144 Cal. Rptr. 696 (1978). (9) Curtis v. Zuch, 829 P.2d 187 (Wash. App. 1992). (10) For examples of the public gaining a right to use private property, see Gion v. City of Santa Cruz, 2 Cal. 3d 29, 84 Cal. Rptr. 162, 465 P.2d 50 (1970); County of Los Angeles v. Berk, 26 Cal. 3d 201, 161 Cal. Rptr. 742, 605 P.2d 381, cert. denied, 101 S. Ct. 111, 449 U.S. 836, 66 L. Ed. 2d 43 (1980); Brumbaugh v. Imperial County, 134 Cal. 3d 556, 184 Cal. Rptr. 11 (1982). (11) McCarty v. Sheets, 423 N.E.2d 297 (Ind. 1981). (12) Chaconas v. Meyers, 465 A.2d 379 (D.C. App. 1983). (13) McCune v. Brandon, 621 N.E.2d 434 (Ohio App. 1993). (14) Cal. Civ. Code Section 813. The California statutes encourage owners of beachfront property to allow others access to the beach, without fear of claims of a prescriptive easement. ----- from 'Neighbor Law: Fences, Trees, Boundaries and Noise' by Attorney Cora Jordan Copyright (c) 1994 Nolo Press


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## swampbuck (Dec 23, 2004)

Prescribed easement. 

If someone is allowed to use it it for access for 15 yrs, it becomes a prescribed easement, and can not be closed.


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## FREEPOP (Apr 11, 2002)

MERGANZER said:


> I am not an attorney and I don't know the details but if it has been used for a determined length of time and those using it have not been informed they cannot use it, it can become an easement. Much like squatters can claim they have the rights to a piece of property.
> 
> Ganzer


15 years for adverse possession


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## swampbuck (Dec 23, 2004)

Correct, there is currently an easement dispute in my neighborhood, so I have current experience.


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## FREEPOP (Apr 11, 2002)

swampbuck said:


> Correct, there is currently an easement dispute in my neighborhood, so I have current experience.


Unfortunately, I'm in one. I'd rather be blissfully ignorant.


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## malainse (Sep 2, 2002)

A-Put up the signs
B-Get permission in writing from neighbor that you are his "agent" and can enforce trespassing on his property.

C-Prescribed easement.I do not think bill-bob is going to take this to civil court. $$$$


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## FREEPOP (Apr 11, 2002)

malainse said:


> A-Put up the signs
> B-Get permission in writing from neighbor that you are his "agent" and can enforce trespassing on his property.
> 
> C-Prescribed easement.I do not think bill-bob is going to take this to civil court. $$$$


Agreed

A notarized letter can be used to appoint an "agent"


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## grapestomper (Jan 9, 2012)

Get a letter from the owner.
Put up signs.
Call the sheriff or local law.
I am going thru this. it is a PITA!


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## JAG (Aug 19, 2005)

If the situation is really a problem for you just go ahead and ask the property owner to give you written permission to demand trespassers to leave. Worrying about his property is just an additional headache you might not want or need. There are certain individuals who could retaliate and paybacks are hell. Is it really worth it. I have an acquaintance who threw some trespassers off his hunting property.The next time he went back up all of his deer blinds were full of deer guts. It was the end of August.


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## GIDEON (Mar 28, 2008)

My business ends at my property line, and I make it a point to mind my own business. What the neighbor allows doesnt concern me. I wouldn't have a problem with it.


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## Robert Holmes (Oct 13, 2008)

Simple as this. When in doubt ask for permission and have it in writing. Some property owners are pretty nice about it and some are not so nice. Years ago I actually only had one person turn me down out of many on the Rifle River and two other streams that I fished. In return I offered to keep an eye on their residence, pick up litter, and gave a few trout away.In 1990 I moved to the UP and pretty much everything up here is on federal land.


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## FREEPOP (Apr 11, 2002)

GIDEON said:


> My business ends at my property line, and I make it a point to mind my own business. What the neighbor allows doesnt concern me. I wouldn't have a problem with it.


Yup, I will inform them of what I see and if it doesn't concern them, it doesn't concern me.


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