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Unread 11-13-2013, 03:32 PM   #31
Ross
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Quote:
Originally Posted by chris87xj View Post
You guys reallly believe that it's okay to freely wander anywhere that's not surrounded by no-tresspassing signs posted every 10 feet?
Obviously you don't comprehend the resources involved in undertaking and maintaining such an endeavor.
You want to wander and explore? Then it's your responsibility to do the homework first.
Yep all the time. as long as you are on a legit trail, walking, horseback, 4 wheeler, jeep whatever. In my area most don't care if you travel across their land, as long as you are respectful. Find them at the right time and you may be invited to stay for dinner.

If they don't want you there they will let you know. Even than there are many public easements that are recorded and very poorly maintained going though private and public property. I have one down my property. I have planted with grass it so it isnít apparent but it is still a public road that I just happen to mow.

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Unread 11-13-2013, 03:33 PM   #32
Ferrachi
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Out West you have Ranchers trespass laws, basically meaning it's too expensive to post their land every 100'. It is then implied that all land is off limits. In MN and other northern states there is no such laws protecting ranchers and thus, if it isn't posted it's implied open access. The argument is regional to politics from long ago.
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Unread 11-13-2013, 03:34 PM   #33
chris87xj
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Originally Posted by bobjp View Post
So then I take it you have no experience on public land since you didn't answer my questions. Duly noted.

No, it is never okay to trespass. Where did I say that?
Your question was lightly disregarded as irrelevant. If it helps you feel any better, I've spent more time exploring and hunting public land than you've spent out of diapers - so I do understand the challenges you face. But I don't agree that you can claim ignorance as a viable defense to wander wherever you fancy and make no effort to first find out whose land you're using. You are obligated to take responsibility for your own adventures. It's not the landowner's responsibility to guide you.
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Unread 11-13-2013, 03:35 PM   #34
LilyBayXJ
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Originally Posted by Anticanman View Post
And people like you get land closed to the public.
Well, it's very possible that the entire state of Maine has a completely different culture than wherever you call home...

But I doubt it.
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Unread 11-13-2013, 03:36 PM   #35
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Originally Posted by Anticanman View Post
So then its ok for someone to enter your house if they think nobody lives there?
I'm not discussing with someone who can't see the difference between those scenarios.
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Unread 11-13-2013, 03:37 PM   #36
Ross
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Quote:
Originally Posted by chris87xj View Post
Your question was lightly disregarded as irrelevant. If it helps you feel any better, I've spent more time exploring and hunting public land than you've spent out of diapers - so I do understand the challenges you face. But I don't agree that you can claim ignorance as a viable defense to wander wherever you fancy and make no effort to first find out whose land you're using. You are obligated to take responsibility for your own adventures.
But in many states you have to knowing trespass, therefore the land has to be marked. Ignorance of the property line (not the law) can be a defense in this case.
In MO if you want them out you mark it, many other states are similar to this:

Missouri Revised Statutes
Chapter 569
Robbery, Arson, Burglary and Related Offenses
Section 569.145

August 28, 2013


Posting of property against trespassers, purple paint used to mark streets and posts, requirements--entry on posted property is trespassing in first degree, penalty.
569.145. In addition to the posting of real property as set forth in section 569.140, the owner or lessee of any real property may post the property by placing identifying purple marks on trees or posts around the area to be posted. Each purple mark shall be:

(1) A vertical line of at least eight inches in length and the bottom of the mark shall be no less than three feet nor more than five feet high. Such marks shall be placed no more than one hundred feet apart and shall be readily visible to any person approaching the property; or

(2) A post capped or otherwise marked on at least its top two inches. The bottom of the cap or mark shall be not less than three feet but not more than five feet six inches high. Posts so marked shall be placed not more than thirty-six feet apart and shall be readily visible to any person approaching the property. Prior to applying a cap or mark which is visible from both sides of a fence shared by different property owners or lessees, all such owners or lessees shall concur in the decision to post their own property.

Property so posted is to be considered posted for all purposes, and any unauthorized entry upon the property is trespass in the first degree, and a class B misdemeanor.
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2001 TJ, 33 trxus MTs , W, locked, belly up, some armor.

"If you aim at nothing, you will hit it every time." Zig Ziglar
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Unread 11-13-2013, 03:43 PM   #37
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Quote:
Originally Posted by bobjp View Post
I'm not discussing with someone who can't see the difference between those scenarios.
Property is property.
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Unread 11-13-2013, 03:45 PM   #38
Ross
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Originally Posted by Anticanman View Post
Easements are access roads for personal reasons and are not open to everyone. If someone owns land between a road and let's say, a utility line passing through someone's property, the company charged with maintaining the lines are allowed an easement to access them. That road isn't open to everyone. Our irrigation district here has an easement to every one of their gate valves used to back up gravity fed water but it is the job of the landowner to maintain the roads and is private property regardless. The irrigation district has legal authority to use the road but only to access their boxes. Think of an easement as a forced permission slip, not a public road.
There are so many types of easments in so many types of places:
1.1 Affirmative and negative easements
1.2 Dominant and servient estate
1.3 Public and private easements
1.4 Appurtenant and in gross easements
1.5 Floating easement
1.6 Structural encroachment
1.7 Wayleave
2 Creation
2.1 Express easement
2.2 Implied easement
2.3 Easement by necessity
2.4 Easement by prior use
2.4.1 Example
2.5 Easement by prescription
2.6 Easement by estoppel
2.7 Easement by the government
2.8 Easements distinguished from licenses
3 Termination
4 Rights
5 Trespass upon easement
6 Torrens title registration
7 See also
8 References
9 External links
http://en.wikipedia.org/wiki/Easement
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Schitzangiggles: We used to teach our children to fight evil, now we teach them that fighting is evil.

2001 TJ, 33 trxus MTs , W, locked, belly up, some armor.

"If you aim at nothing, you will hit it every time." Zig Ziglar
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Unread 11-13-2013, 03:47 PM   #39
Anticanman
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Quote:
Originally Posted by Ross View Post
There are so many types of easments in so many types of places:
1.1 Affirmative and negative easements
1.2 Dominant and servient estate
1.3 Public and private easements
1.4 Appurtenant and in gross easements
1.5 Floating easement
1.6 Structural encroachment
1.7 Wayleave
2 Creation
2.1 Express easement
2.2 Implied easement
2.3 Easement by necessity
2.4 Easement by prior use
2.4.1 Example
2.5 Easement by prescription
2.6 Easement by estoppel
2.7 Easement by the government
2.8 Easements distinguished from licenses
3 Termination
4 Rights
5 Trespass upon easement
6 Torrens title registration
7 See also
8 References
9 External links
http://en.wikipedia.org/wiki/Easement
Keep reading instead of just posting what you googled.
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Unread 11-13-2013, 03:50 PM   #40
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This debate is over. My personal opinion and interpretation of the laws aside, jeepforum has a zero tolerance policy on anything that could be illegal or detrimental to the wheeling community. This is not open for discussion.
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