Prevent Trespassing On Your Vacant Land

By: wpengine

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2 minute read

Categories: Protection, Vacant Land

Landowner standing in agriculture field that he inherited.

Audio summary:

The source material provides guidance on managing the complex legal obligations associated with owning vacant land, stressing that the primary concern is not property theft but the risk of catastrophic financial liability stemming from unauthorized visitors who sustain injuries. A key legal danger for landowners is the attractive nuisance doctrine, which imposes a higher duty of care to secure or remove potentially inviting features like old structures or ponds, even if they are on private property. To mitigate this exposure, the text recommends a layered defense strategy that combines physical security and clear legal warnings like visible signage and secure fencing. Furthermore, landowners should utilize low-cost digital surveillance technology to gather irrefutable proof of intent by trespassers to strengthen their position against civil suits. This protection must be complemented by securing a customized vacant land liability insurance policy specifically covering recreational use and the high costs of legal defense. Ultimately, the burden rests heavily upon the landowner to be extremely proactive in preventing entry and mitigating known dangers.

Published: May 6, 2021

If you own vacant land, you should be fully aware that trespassing is a crime. As a landowner, you should proactively prevent unauthorized people from using, abusing, or stealing from your property.

In addition, accidents happen, and you do not want to be liable. A simple first step to take is to post your property lines with Posted or No Trespassing signs. However, each state has different laws about criminal trespassing, so do your homework to understand what the laws are in your state. Fines or even jail time are often the penalties associated with trespassing on someone else’s land.

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For Example, in Ohio, A Person Is Guilty of Criminal Trespass:

1. If they enter or remain on someone else’s property without their permission

2. If they enter onto or remain on another’s property without permission, knowing they shouldn’t be there because of certain lawful restrictions

3. If they enter onto or remain on a person’s property after that individual has been warned by a sign, by a fence, or by someone associated with that property, the trespasser should not be there.

4. If they refuse to leave another person’s property after seeing a sign or someone associated with that property has informed them that they should not be there.

Obviously, you can’t control everything and everybody, so protecting your family and investment with a quality vacant land liability policy is the best plan. Ensure the policy specifically covers trespassing laws, theft, and accidents related to their illegal actions. The last thing you want to hear from local authorities is that a trespasser who had an accident on your property was injured and is filing a lawsuit against you. That may sound crazy, but sadly it happens, which is why preventing trespassing is so important.

Here Are a Few Common Trespassing Violations

1) ATV, SXS, or motorcycle riding on your roads, trails, or paths.

2) Cutting down trees, harvesting Ginseng or taking other valuables from your land

3) Entering your cabin, camper, or RV

4) Hunting or fishing without permission

Conclusion

To wrap it up, the best way to prevent trespassing is to be proactive and safeguard your land and assets. Post your property with signs, lock gates, and doors. You might also want to consider the new, low-cost app-based video surveillance and alarm systems like Ring doorbells or similar models that can be self-installed. And most importantly, protect yourself with a proven liability policy specifically designed for vacant land insurance.

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Author: wpengine

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