Who knows about trespass laws?

[rhart]

As the weather heats up, we are having trouble keeing trespassers away from our property that has a lake on it. For years, we werent there to patrol our property and it kinda became the local swimming hole. We have it well signed with no trespassing signs. We always hear "Ive been coming here since my Dad brught me when i was....."
I am also concerned with liability if someone was to be injured or drowns. I have been firm but friendly and have slowed down the traffic but Im not sure the best legal tactics and looking for feedback. What we have decided to do is give one warning and take a photo of the trespassers. We do have a couple people that have permission, and have been considering getting them a signed permission card.
What say you?

 

[IndyMonkey]

Anyone can trespass and get away with it once.

You have to call the police and they have to tell them they are not allowed on the property. Then if they come back they can be arrested for trespassing.

Where is the lake located? I want to make sure its not one I go to. (I dont need my pic posted on INGO)

 

[shibumiseeker]

Unfortunately unless you are there to tell them to leave, you are pretty much SOL. If they refuse to leave then it is criminal trespass, but getting LE to respond in a timely fashion is a good luck kind of situation. If they are not damaging anything then simple civil trespass leaves the landowner with very few legal options.

I have 150 acres and it took me almost a decade to break the cycle of folks (some local, some from as far away as indy) treating my property as public land.

Get some official looking biohazard warning signs up posted around the lake, like the ones warning around sewage treatment lagoons...

 

[christman]

Indy Monkey is pretty much right on the trespassing in Indiana. Unless another crime is committed during the trespass you will have to get an officer to file for it to really do much good on the second offense.

I think its Indiana code 35.43.2.2.

There is a trespassing and littering code though if you have property with water that you can "manipulate" to get first time offenders prosecuted if they happen to even drop a cig butt on your land. Its all in how you report it.

 

[moischmoe]

Taking a picture is a good idea, especially if they see you do it. Maybe ask for some ID and get their info. If they drive, get their license plate number. Even if you don't turn the info in to the police, if someone took my picture and asked for my ID, I wouldn't come back. Also, when you confront the trespassers, make sure you are adequately and visibly armed.

Have you tried this sign?

 

[Tactical Dave]

My neigboor and I have have problems with kids from the neighborhood behined us walking thrrough our tree line and yard to get to their friends house...... even when the dogs chase them they still come back. Neighboro put some small cut down trees in the way and they just dumped them in another neigbors yard.

I cought two girls in the act of climbing the wire fence and they pretty much destroyed it, they said they would fine another way around.... have not seen them since. Caught like 5 boys the other day but I bet they will come back.... one girl lost her sandles when she ralized the ash pile she was walking into was still hot haha.

Next time I am going to tell them to stay off my property or I will call the ploice (I know the houses they go to). A neighboor two houses down does not have this problem but I am sure knows about it. We are on good terms with him and I am near positive he works the south side......... maybe he could help out because I know calling the non emergency line takes at least 45 minutes for the cops to show...... most of the time the kids stay for a chunk of the day.

I doubt their parents would like to hear that their kids could be charged with criminal trespass......


For the lake biohazard signs I bet would get the job done in a hurry.

 

[AFA1CY]

Do you own the lake? If you don't and they have been crossing your property for years to get to it they may have a case for right of easement.

 

[eldirector]

Any chance you can fence and gate the property? At least a gate on the entrance? In addition to trespass, they could be hit with Criminal Mischief (a misdemeanor) charges if they damaged the gate/fence, and littering (Class B offense) if they leave trash behind.

Do you use your lake for drinking water (the answer is yes)? If so, then tampering with a water supply is a Class B felony. Becomes Malicious Mischief if they place bodily fluids in your water supply (Class A misdemeanor to Class D felony).

BTW: posting a sign is enough of a notice for trespass. Take a look at:
Indiana Code 35-43-2
See 35-42-2-2 Sec. 2 (b).

 

[cosermann]

... Get some official looking biohazard warning signs up posted around the lake, like the ones warning around sewage treatment lagoons...

Great suggestion.

Biohazard Signs | Safety Signs

Or, maybe one of these would work :

Alligator Crossing Sign at Animal World®

 

[Eddie]

Great suggestion.

Biohazard Signs | Safety Signs

Or, maybe one of these would work :

Alligator Crossing Sign at Animal World®

If you are having a problem with your signs getting bent/pulled down, lubricate the back of them real well with graphite spray. It won't injure but I hear it makes quite a mess when someone gets it all over their hands while trying to vandalize a sign.

 

[Tactical Dave]

If you are having a problem with your signs getting bent/pulled down, lubricate the back of them real well with graphite spray. It won't injure but I hear it makes quite a mess when someone gets it all over their hands while trying to vandalize a sign.

It does make a mess but not sure I would want that near the water.

I think the sign and a few 50 gallon drums that are clean but sticking out of the water some would scare just about everyone away.....

You could even put biohazard stickers on them but I bet the EPA would like that...

 

[Doug]

Depending on the lay of the land, you might put up a target stand and a pock-marked steel target. Then put up signs that say, "Danger, Shooting Range, No Trespassing."

I heard about a guy that did that and every time he say a trespasser, he'd pump a couple of rounds into the steel. He said they cleared out fast. I would hope they'd get the idea without gunfire.