Trespassers

ColbyBruce

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This guy, trespassing on our mountain property, has been a VRBO visitor to our mountain community for the last four or five years. I have spoken to him many times about this issue, explaining that he and his dogs trip my game cameras and waste my monthly photo allotment, and disturb my family sending those photos to our phones.

Shortly after this photo was taken, he walked off a five foot high retaining wall at the home below ours. He sustained some injuries, most of which should “buff out”. That homeowner, KC, called me this morning to ask for my homeowner’s insurance information…on the guy’s behalf.

I pointed out to KC her retaining wall did not butt up to our property. KC then asked for contact info for our next door neighbor and I refused to provide that. I mentioned the guy and his dogs spent more time on our property than we did, I had dozens of photos to prove it, and had repeatedly told him to stay away.

KC was both rude and vulgar as she insisted I give her the info she demanded. He threatened to sue her, and she is very upset and is attempting to share misery and responsibility. I will not accept either, as there is nothing wrong with him. Many residents there seem to think he suffers from dementia I never got that impression at all. His dogs defecate in yards, tear up grill cover and outside furniture cushions, stolen food at cookouts and toppled a BGE.


He and his wife are the couple that stupidly started the first of two brushfires we had in our community last year. That fire spread to two adjoining properties and burned the deck and siding of the rental unit. I imagine he has gone through life behaving this way.
 

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As stated above, I would post the property in accordance with your County or State directives. Further, since this person has been a guest, you might consider seeking legal advice as to how he should be put on notice that he does not have permission to roam your property by virtue of his having stayed there in the past as a short term renter.
 
Suggest you make an offer to the rude, demanding KC. Tell her to let Bozo sue her and you will appear as a witness at the trial with your videos and phone records of repeatedly warning Bozo not to trespass. Of course, your time and expenses will have to be negotiated to assure your appearance and maintenance of the records.

Bozo has repeatedly trespassed, and has ignored repeated warnings. Any insurance company potentially involved will quickly deny any claim. Any thinking judge or juror hearing the case will quickly find that Bozo's injuries were entirely his own fault, probably award legal fees and costs to those forced to defend the action.

Bozo's threaten to file a lawsuit is nothing more than an attempt to extort a nuisance settlement from a property insurance company.

A more creative mind might decide to engage one of the national data-mining companies to see just how many times Bozo has done this before. Such patterns are always interesting to judges, juries, and insurance companies.
 
As stated above, I would post the property in accordance with your County or State directives. Further, since this person has been a guest, you might consider seeking legal advice as to how he should be put on notice that he does not have permission to roam your property by virtue of his having stayed there in the past as a short term renter.

Get legal advice.
May need a court order probating any further trespass.

bekeart
 
A suggested sign to post on your property: Don

I remember a rancher who was tired of people ripping up his property with ATV and 4WD traffic, scattering his cattle. Large signs appeared:

"KEEP OUT! RIFLE RANGE IN USE! DANGER!"

No need to chase the trespassers away. Any who complained were easily found at the sheriff's office, ready to be served a summons for criminal trespassing.

NOTE: Some states require signs, fences, gates, etc. Here in Colorado criminal trespass is a "strict liability" offense, everyone is responsible for being only where they have a lawful right to be; if you are on another's property without specific permission you are presumed guilty. Of course, when using firearms we must exercise due care to avoid endangering persons or property.
 
Other than posting your property with properly formatted and spaced (per local requirements) I personally wouldn't do anything.

You may be able to have the trespasser served with a no trespass warning, but you'd need to talk to someone who knows the law about how to do that.

It's KC's problem, don't let KC make it your problem.
 
All good advice about signs, etc.
Has the person been warned by the police ? Get a calendar and mark down each date you warn the person(s). Also keep records of each police interaction so you can document future complaints. You need to tell them you will request their arrest if they continue. Some states have a formal “trespass warning” that the police use.
 
The renter/trespasser might be off his feet but one of his three remaining dogs is carrying on the family tradition. I did have a “Private Residence, No Trespassing” sign at the driveway but a neighbor’s tree took it out. That sign was in violation of community covenants, I was told not to replace it.

KC loaded this trespasser up in her Volvo SUV and drove him back to his rental and wife. She got too involved in my opinion. I might of called him some help but never touched or transported him.
 

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You need to have NO TRESPASSING signs posted on your property.

I'd tell the neighbor to inform the wandering man he was not invited on either property and she will not compensate him for his alleged injures.

While "No Trespassing" signs are still a good idea, at this point they aren't really necessary because he has been warned (multiple times, by the property owner) to stay off the property. I would file a police report with the local constabulary so they are aware, and depending on the state the charge would now be "Trespass after warning".

In Florida, trespassing is a misdemeanor. However, if you are carrying a firearm then the charge will be "armed trespassing", which is a felony.
 
Anytime you confront somebody, it doesn't matter what it's about, record it with your phone noting time and date. You never know...

KC dug her hole when she loaded the guy up and drove him home.

She should've called LE and told them numb-nuts hurt himself while trespassing.
 
It would be solved differently in East Texas. The law in the country doesn't favor Trespassing. It sounds like he might need some medical or mental intervention.
 
While "No Trespassing" signs are still a good idea, at this point they aren't really necessary because he has been warned (multiple times, by the property owner) to stay off the property. I would file a police report with the local constabulary so they are aware, and depending on the state the charge would now be "Trespass after warning".

In Florida, trespassing is a misdemeanor. However, if you are carrying a firearm then the charge will be "armed trespassing", which is a felony.

Always filing a police report with what may turn into a serious problem is definitely a sound procedure. And if/when it happens repeatedly, file repeatedly. And request a paper copy. Patterns of illegal behavior/legal and police warnings can end up being extremely important.
 

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