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ATV's on my property...

Nick

Nick

My name is Nick
Sep 21, 2001
24,068
14,721
where the trails are
Tom Paucki said:
I own 10 acres in OC NY which I built a home on 4 years ago. I pay $183 a week in taxes and expect to have my peace and quiet but the last couple of years the renegade riders have torn up my back hill. I used 2 1/4 in concrete cut nails sharped on my bench grinder. They are hardened steel. Nailed them into a 3/4 in lath which is screwed into a 2X4. I buried them on the trail so just the nails were above ground. The nails pull out of the board and stay in the tire. Seems to have worked, I also used fluted concrete nails with the same method. Both are hardened steel.
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your property or not, if you do that you suck :thumbsdown:
 
jdcamb

jdcamb

Tool Time!
Feb 17, 2002
19,841
8,441
Nowhere Man!
Sandwich said:
don't hurt people even if those people are asshats.
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Some folks don't understand logic or reason. They have no consideration for anyone. If you have exhausted all the resources at hand to prevent folks from violating your personal property. Drastic measures are sometimes needed to make your point. If they are injured while trespassing on posted private property. All bets are off in my opinion. The kid who gained access to my roof to tag it. Had a choice when he climbed up. He however had only one choice to get down and I had to make it for him as he was a coward also. Shotgun, Police, or Jump were his options....
 
jonKranked

jonKranked

Detective Dookie
Nov 10, 2005
86,005
24,551
media blackout
jdcamb said:
Some folks don't understand logic or reason. They have no consideration for anyone. If you have exhausted all the resources at hand to prevent folks from violating your personal property. Drastic measures are sometimes needed to make your point. If they are injured while trespassing on posted private property. All bets are off in my opinion. The kid who gained access to my roof to tag it. Had a choice when he climbed up. He however had only one choice to get down and I had to make it for him as he was a coward also. Shotgun, Police, or Jump were his options....
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Its a fine line between keeping the asshats off your property and setting a booby trap that could kill someone.
 
eric strt6

eric strt6

Resident Curmudgeon
Sep 8, 2001
23,326
13,617
directly above the center of the earth
Tom Paucki said:
I own 10 acres in OC NY which I built a home on 4 years ago. I pay $183 a week in taxes and expect to have my peace and quiet but the last couple of years the renegade riders have torn up my back hill. I used 2 1/4 in concrete cut nails sharped on my bench grinder. They are hardened steel. Nailed them into a 3/4 in lath which is screwed into a 2X4. I buried them on the trail so just the nails were above ground. The nails pull out of the board and stay in the tire. Seems to have worked, I also used fluted concrete nails with the same method. Both are hardened steel.
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:ban::banghead::banghead::banghead:
 
jdcamb

jdcamb

Tool Time!
Feb 17, 2002
19,841
8,441
Nowhere Man!
jonKranked said:
Its a fine line between keeping the asshats off your property and setting a booby trap that could kill someone.
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If that booby trap prevents a home invasion robbery and a crime of opportunity killing or the rape and torture of your grandma, then so be it. Criminals have no lines, when they cross mine. I react accordingly. Because I can....
 
RoboDonkey713

RoboDonkey713

Monkey
Feb 24, 2011
678
462
Maine
Up here in East Bum F%$k, a simple call to the Game Wardens will stop ATV trespassers. Stories like this have gone on for years and now they don't mess around with ATV's violating land laws. They will ticket or jail.
 
jonKranked

jonKranked

Detective Dookie
Nov 10, 2005
86,005
24,551
media blackout
jdcamb said:
If that booby trap prevents a home invasion robbery and a crime of opportunity killing or the rape and torture of your grandma, then so be it. Criminals have no lines, when they cross mine. I react accordingly. Because I can....
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home invasion is a different ballgame (legally) than trespassing
 
Jm_

Jm_

sled dog's bollocks
Jan 14, 2002
19,000
9,664
AK
jdcamb said:
If that booby trap prevents a home invasion robbery and a crime of opportunity killing or the rape and torture of your grandma, then so be it. Criminals have no lines, when they cross mine. I react accordingly. Because I can....
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Would you shoot yourself for speeding?
 
jdcamb

jdcamb

Tool Time!
Feb 17, 2002
19,841
8,441
Nowhere Man!
jonKranked said:
legally speaking they are different. MUCH different. states with castle doctrine (like where i live) make this clear.
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No Castle doctrine here. No calling Safety Clean to clean up the mess. RPD takes at least a hour to get here so I am on my own. Do you plan to have your wife help you clean the brains of the fridge? Sure she'll understand? What if your not home?
 
jonKranked

jonKranked

Detective Dookie
Nov 10, 2005
86,005
24,551
media blackout
jdcamb said:
No Castle doctrine here. No calling Safety Clean to clean up the mess. RPD takes at least a hour to get here so I am on my own. Do you plan to have your wife help you clean the brains of the fridge? Sure she'll understand? What if your not home?
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Dude, lay off the weed. Read the fucking thread. This is about atvs on property, not bne/home invasion. Unless you're worried about someone bursting through your front door on an atv it's time to shut the fuck up.
 
rockofullr

rockofullr

confused
Jun 11, 2009
7,342
924
East Bay, Cali
So much going on here! This is really keeping my lunch break interesting.

Where do first time posters find these threads to necro-post on?

Why is Tom the Noob paying his property taxes weekly?

Why does @jonKranked think weed makes people go agro on trespassers?

How did the @jdcamb rooftop story end?

I did enjoy the blast from the past. Made me miss DMG though.
 
H

hookedonriding

Hookedonswearing
Mar 22, 2018
11
0
profro said:
Annihilate them! I hate atvs. It seems like owning an atv is a license to trespass. Call the cops, put up spike boards to flat their tires, and shoot on site.
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Are you F?#%$&G kidding me!!! how old are you ! there probably kids, trespassing or not its not warranted to act like a nut. maybe try politely stopping them so they don't dart off when you run up to them frothing at the mouth and POLITELY ask them to stop riding on your land and state that if they don't the police will be notified and the trail will be destroyed....that's real smart you bafoon do something stupid so the person could possibly wreck and get hurt on your land then try and sue you....I can tell you right now and again trespassing or not if you shot a gun or even a paintball gun at my kid for just trying to get outside and get away from the messed up stuff that goes on at lets say a mall or any number of places or how about drugs for that matter.......I WOULD SHOVE WHAT EVER GUN YOU HAVE SO FAR UP YOU IGNORANT $%% YOUR GREAT GREAT GRAN PAPPY WOULD TASTE IT. And this goes for all of you people getting all but hurt over people "trespassing" on your land.....you all sound like a bunch of P*$$#@, stop complaining about stupid stuff and complain about something meaningful.
 
H

hookedonriding

Hookedonswearing
Mar 22, 2018
11
0
stosh said:
Just found this!

The highest Court of New York has declared that landowners have a common law privilege (a "property right") to "destroy" the "instrument of trespass" (e.g., vehicle) used by "defiant trespassers." People v. Kane, 142 N.Y. 366, 37 N.E. 104 and 131 N.Y. 111 ("The ownership and possession of property confer a certain right to defend that possession, [including] a defense of it which results in an assault and battery, and that which results in the destruction of the means used to invade and interfere with that possession.") In Reed v. Esplanade Gardens. Inc., 91 Misc.2d 991, 993 (1977), the court noted the general principle that when dealing with the chattel (e.g., vehicle tires) of a trespasser on the true owner's land the law is that "n such circumstances THE LANDOWNER IS PRIVILEGED TO deal with the personal [property of another] in a manner which would otherwise be a trespass [to chattels, including DETENTION or DAMAGE] or a conversion [e.g., the complete destruction, distress, or disposal] IF THE ACT IS reasonably NECESSARY TO PROTECT THE ACTOR'S INTEREST [e.g., necessary to "prevent or terminate" a trespass upon his premises]. However, "the actor may be liable if he uses unreasonable [i.e., un-necessary] force which causes harm to the chattel [unnecessarily]." Reed. Accordingly, a NY land-owner is privileged to damage an ATV as "necessary" to terminate a trespass, or to effect an arrest.

Further, once an ATV is discovered, and is captured trespassing on private property in defiance of conspicuous "No Trespassing" signs, the New York land-owner may be privileged to impound and detain the vehicle until his damages are paid, pursuant to the common-law remedy of "trespass damage feasant" (also known as "distress damage feasant"). http://www.cs.tcd.ie/Proinnsias.OCillin/lawcourse/tort/trespass.htm http://69.1911encyclopedia.org/T/TR/TRESPASS.htm ; Sindle v. NYCTA, 33 N.Y.2d 293, 307 N.E.2d 245 (1973). The New York landowner may also condition the release of the ATV upon payment of an additional fixed "Reasonable Redemption Fee" (e.g., $100, plus per diem) to compensate the landowner for the trouble or expense of impounding, safeguarding, storing and/or releasing, the vehicle, if Notice of the fixed Redemption Fee has been Conspicuously Posted along the roadway (e.g. driveway or other ATV "trail"). Fieldston Prop. Owners Assn. v. City of New York, 16 NY2d 267, 269; Forest Hills Corp v. Kowler, 80 AD2d 630; Forrest Hills Corp. v. Baroth, 147 Misc. 2d 404.




I need to put some signs up STAT!!!
Apparently I can destroy the instrument of trespass. AWESOME!
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you sir are a F%$#@&G D Bag, that's cool destroy some ones stuff because the tore up a little grass that you probably don't even think twice about on a normal day.....
 
H

hookedonriding

Hookedonswearing
Mar 22, 2018
11
0
you people make my head hurt, all were trying to do is enjoy the outdoors and embrace our passion. Don't get me wrong I'm a firm believer in asking for permission to ride on land that I don't own and I'm not condoning trespassing in any way but the way some of you guys are talking is wow...just wow. my cat could come up with better ides and he's a cat...
 
Jm_

Jm_

sled dog's bollocks
Jan 14, 2002
19,000
9,664
AK
hookedonriding said:
Are you F?#%$&G kidding me!!! how old are you ! there probably kids, trespassing or not its not warranted to act like a nut. maybe try politely stopping them so they don't dart off when you run up to them frothing at the mouth and POLITELY ask them to stop riding on your land and state that if they don't the police will be notified and the trail will be destroyed....that's real smart you bafoon do something stupid so the person could possibly wreck and get hurt on your land then try and sue you....I can tell you right now and again trespassing or not if you shot a gun or even a paintball gun at my kid for just trying to get outside and get away from the messed up stuff that goes on at lets say a mall or any number of places or how about drugs for that matter.......I WOULD SHOVE WHAT EVER GUN YOU HAVE SO FAR UP YOU IGNORANT $%% YOUR GREAT GREAT GRAN PAPPY WOULD TASTE IT. And this goes for all of you people getting all but hurt over people "trespassing" on your land.....you all sound like a bunch of P*$$#@, stop complaining about stupid stuff and complain about something meaningful.
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You must be a pretty big deal.
 
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