[stosh]

My stupid scumbag neighbors keeps riding their ATV's on my property. I've told them numerous times to get off but they keep coming back on.

Grrrrrrrrrr of course I'm going to put signs up but has anybody called the cops on trespassers before? Worth my time and aggravation?

 

[JayBear]

Frozen paintballs to the neck work..

 

[profro]

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.

 

[CrabJoe StretchPants]

The other day I was walking into the woods behind my yard and about 500 feet in I saw where a bunch of ATV/dirtbike trails merge. There's one trail heading up towards my yard where a giant pile of sticks now blocks access. The guy I bought the house from must have built up the pile to stop kids from coming into his yard. He was clearly the grumpy old man of the neighborhood.



On the plus side, I now want a dirtbike.

 

[IH8Rice]

how much are they riding on your property? are they tearing up the grass?

 

[MMike]

Giant pit + palm leaves = problem solved

 

[I Are Baboon]

Find out where they live and burn down their houses.

 

[stosh]

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.

Ohhhh I like the idea of the spike strip.

The other thing that makes me mad is the cross the stream behind my house tearing it up as they go.

 

[stosh]

how much are they riding on your property? are they tearing up the grass?

I own 9 acres and 1/2 of it is wooded along a stream. They use my property to get to other areas which they don't own.

 

[kazlx]

Ohhhh I like the idea of the spike strip.

The other thing that makes me mad is the cross the stream behind my house tearing it up as they go.

Build a spike strip with short spikes and hide it in the water.

 

[blackohio]

My stupid scumbag neighbors keeps riding their ATV's on my property. I've told them numerous times to get off but they keep coming back on.

Grrrrrrrrrr of course I'm going to put signs up but has anybody called the cops on trespassers before? Worth my time and aggravation?

just boobytrap the areas they ride so they blow their tires out.

 

[stosh]

Build a spike strip with short spikes and hide it in the water.

I was thinking about burying one right at the point where they enter.

 

[stosh]

Find out where they live and burn down their houses.

Honestly the house is so decrepit the FD wouldn't even respond.

 

[eaterofdog]

Spike strips for sure.

 

[kazlx]

Have given thought to a moat? Fill it with hungry alligators. The bonus to this is that you can also have a drawbridge.

 

[stosh]

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!

 

[jonKranked]

put up signs, wait a week, put in landmines.

 

[Hunter]

The other thing that makes me mad is the cross the stream behind my house tearing it up as they go.

Hmmm, the DEC/EPA local conservation officer might actually be more helpful than calling the PD. If its a decent stream (fish/wildlife benefits), there's usually some state regs that prohibit mudding it up with vehicles.

 

[stosh]

Been doing a little research, I guess spike strips don't work well with all the run flat products out there.

I doubt these losers have it though.

 

[stosh]

Hmmm, the DEC/EPA local conservation officer might actually be more helpful than calling the PD. If its a decent stream (fish/wildlife benefits), there's usually some state regs that prohibit mudding it up with vehicles.

Honestly that was my first thought. Maybe I'll look into that as well.

 

[jonKranked]

i'm tellin you dude, landmines.

 

[kazlx]

Been doing a little research, I guess spike strips don't work well with all the run flat products out there.

I doubt these losers have it though.

I would doubt they have a run flat setup, or are even bright enough to use a sealant. Most ATV tires are pretty tough, but nothing a nail or screw would have a problem with.

 

[MMike]

Have you tried a sharply worded letter?

 

[sstalder5]

i'm tellin you dude, landmines.

are you familiar with the Anarchists Cookbook?

A clothespin tripwire would do the trick here. And I actually have experience with something like this. A friend of mine owns some hunting land with about a 500ft vertical drop from one side to the other, so we have a few freeride/ downhillish trails out there. They allow the guy that owns the neighboring property to pass through their land to get to a friends property, but he had started taking his atv down our bike trails and tearing them up. So We put together some tripwires hooked to harmless charges made with cardboard and epoxy (similar to firecrackers but on a much larger scale) powerful enough to shake him up and make his ears ring but not so much to cause injury. We got so good at hiding them that the problem solved itsself

 

[DirtMcGirk]

Ok, I had this client this one time, so let me say a few things.

1. Yes, NY law "allows" you to get around the criminal end of the battery charge you're going to face. This DOES NOT preclude you from any civil damages as a result of a negligence or aggrivated negligence suit. And in most cases, your home owners DOES NOT provide protection/payment/legal representation for this sort of thing.

2. Booby traps = Fed Felony charges.

3. Detaining them is a good idea. However, do it:
- On your property.
- With someone video taping
- With a few of your bigger friends in tow.

4. Put up a fence. A decent lawyer can make the argument that you've got a duty to put up a fence so as to ward off a trespasser much in the same way you'd fence in a pool.

Put up the signs ASAP. Video anything you see happen. Follow them home if you can so you can figure out where to serve papers to when you sue them for damages to your land and chattle.

 

[jonKranked]

2. Booby traps = Fed Felony charges.

hey I can daydream can't I?

3. Detaining them is a good idea. However, do it:
- On your property.
- With someone video taping
- With a few of your bigger friends in tow.

I'm thinking something along the lines of hiring homeless guys to fling sh*t at them

 

[DirtMcGirk]

hey I can daydream can't I?

Daydream til the wheels come off, just don't publish the thoughts...

 

[stosh]

Thanks for the advice guys.
I just realized my wife's uncle is a cop in the town they cross the stream to get to. Maybe I'll talk to him.

 

[chuffer]

where in OC are you? when we used to live there the place was filthy with ATV trails...

 

[stosh]

My property is mostly in Sullivan county with a small piece in Orange.

 

[Pesqueeb]

A fence. At neck height.

 

[stevew]

Giant pit + palm leaves = problem solved

you forgot the punji sticks.

 

[DirtMcGirk]

What sort of damage are they doing to the land?

Anything we can get them on vandalism for?

 

[sanjuro]

Private Property signs first.

A simple fence second.

A more elaborate fence third.

Film everything right now.

Lawyers are your final option.

And for other monkeys, keep it going with the barbed wire/punji pits/landmine/shotgun suggestions!

 

[stosh]

The cost of a fence makes it impossible. I may try to drag some logs in the way etc, maybe even drop a few trees in the way.

 

[eaterofdog]

A fence. At neck height.

Isn't that what the hikers do to the MTB people in Cali?

 

[4xBoy]

The cost of a fence makes it impossible. I may try to drag some logs in the way etc, maybe even drop a few trees in the way.

Moar obstacles to drive their awesome wheelers over.

I find four wheeler riding to be the bottom of the OHV users.

 

[TreeSaw]

My stupid scumbag neighbors keeps riding their ATV's on my property. I've told them numerous times to get off but they keep coming back on.

Grrrrrrrrrr of course I'm going to put signs up but has anybody called the cops on trespassers before? Worth my time and aggravation?

You need to have posted signs up and then you can call the cops on them. Take down their names, ATV registration numbers (plate numbers) and document dates & times...take pictures if you can. Good luck!

 

[Sandwich]

 

[stosh]

You need to have posted signs up and then you can call the cops on them. Take down their names, ATV registration numbers (plate numbers) and document dates & times...take pictures if you can. Good luck!

Ha ha ha, they certainly don't have their ATV's registered and plates on them. Neither do I though but I only ride mine on my property.