How to deal with trespassers on property?

[dennishoddy]

I'd contact the guy and see if the previous land owners gave him permission to cross your land.
An amicable meeting might result in a good neighbor relationship that could open some opportunities for you.

If atv guy comes back after your meeting, all bets are off.

If the oil company has an easement on you, they have to be provided access to the property.

 

[Sticky Stokes]

I posted this in the General Forum several days ago in response to a post there. This was several years ago but was my worst experience with trespassers.

I had a similar thing happen to me 5-6 years ago at our farm. Someone was cutting a corner of our fence and driving in to a locked 2nd gate to then walk in to swim and fish in our 5 acre pond. One weekday afternoon my wife and I drove out and arrived at the second gate where there was a pickup and 2 cars parked. I had my wife call the County Sheriffs office and I grabbed a 12 gauge and walked around to the pond, I figured it was some high school kids, just swimming and fishing, when I snuck around some thick cover I saw 5 guys and 2 girls....and they were not kids, this was a rough and tough looking crowd if you know what I mean. I stepped out and lowered the shotgun on them and trying to sound mad said "you guys are on private property, catching private fish" or something stupid like that. Well I scared the crap out of them initially but they recovered nicely, a guy with a mohawk said "My uncle so and so owns this land and has for years, I've been fishing this pond and hunting here since I was little, another bigger guy says yea me to, you better get the hell out of here" I calmly assured them that Uncle so and so did not own the land and they were trespassing and that the County Sheriff was on his way, I also assured them that I was a little nervous and jumpy and I would not hesitate to unload this 12 gauge. I lined them up single file and walked them out to the 2nd gate where my wife was in the middle of a panic attack as she sees me bringing these folks out. I have them sit on the ground in a circle until the sheriff shows up. The guys were not happy and continued to say things like "well you'll be seeing me again you can count on it" and "you better be careful when you come out here next time" I just told them to "shut up, and come on back, I'm always armed" The sheriff and game warden showed up and wrote them all tickets and confiscated the fishing gear. But I have to admit I was nervous and jumpy everytime I went hunting that year. Never did see them again but I have found 3 ground blinds and 2 ladder stands out there in the past 5 years or so. Expect the best but plan for the worst, I would be armed and careful everytime you are out on your land for awhile, and I would make sure a report was made to local law enforcement.

I posted the property again as required by law but most of the signs have either blown down or been torn down by people, I am actually planning to repost my property this weekend. We have had a seismic/exploration crew on our land off and on for the past couple of months, they just added a lock to our lock, they come and go as needed.

 

[ImTheDude]

Talked with the previous owner at closing and he said he's never given permission for anyone to use the land. Also talked with the guys that previous owner leased the land to and they said they had problems with them too screwing up their hunts.

We are also moving a camera to watch the gate.

The game warden said that if they don't have any other access, they can try and sue you but there rarely if ever holds up. "It's not your fault they own property they can't get to and who says your land is the land they have to cross to acres theirs".

We've also hidden a key to the new lock for the oil companies until we can mail out extra copies.

 

[ImTheDude]

I told my brother that we need to be armed every time we are in the stand from now on. We have always been in the past, but just not when we are hunting. Also, the people better hope it's me that catches them and not my brother, I'm the level headed one of the two.

 

[ImTheDude]

Also, this was my whole reservation of buying land in SE oklahoma. I do love it down there and it's beautiful but there's so many people and the redneck factor is off the charts. I've always hunted in Harmon county before and it's nice not having anyone around for 10 miles or so, but there's a reason it's like that in SW ok.

 

[tran]

Also, this was my whole reservation of buying land in SE oklahoma. I do love it down there and it's beautiful but there's so many people and the redneck factor is off the charts. I've always hunted in Harmon county before and it's nice not having anyone around for 10 miles or so, but there's a reason it's like that in SW ok.

Come on now! Not all Rednecks are bad.

 

[r00s7a]

I hate to say it, but the other guy could potentially have a claim for a prescriptive easement over your property.

Surprisingly, this is true. If they have used that land to access their land in the past, they could have legal access through your property, especially if their property is landlocked. Ran into this a time or two on real estate sales in the past. I would talk peacefully to the trespasser first, although they are clearly an ahole for cutting your fence and possibly the lock. Any civilized person would put in an effort to find the new landowner and get access the proper way.

 

[ImTheDude]

They have access to their properties from the north via oil/gas roads(whether they have a legal easement I have no idea), but ours is definitely the short cut.

 

[justin_h635]

2x4's with nails driven through them are great. Just bury them a little under the sand/dirt. you can even write a nice saying to the violators on the back side of the board. Just place them strategically so that the oil well pumpers don't get into them.

 

[TwoForFlinching]

Off OP Subject, but still a Fun story, over the weekend, the whole family gathered in Hollis for their Fall Festival. Everyone was at the farm on Friday (I stayed in town tying one on with my buddies) and I wake up to hear about serious gun play and goat theives. Apparently my uncle/cousins put on quite the chase, shooting from trucks, chasing people through the property, random shotgunning... Don't know if you can stake out, but that's how we deal with trespassers.