non posted land

[Bubblehide]

To say the least, this thread has been enlightening. Thanks for the input guys!

 

[Common Sense]

"Just because I knowingly enter doesn't make me a tresspasser. I must knowingly enter property I know I am not welcome on." No, that's not correct. In the case of property that is not posted, fenced, or under cultivation, the law assumes that a property owner maintains his/her private property rights and does not want people on their land unless they are invited. We own about 5 acres. Our home, a small front yard and backyard sit on about two acres. The rest is oak trees and rolling grass land, none of which is fenced. Our surrounding neighbors' property is about the same, no fences or signs. A person who knowingly enters my unfenced property is trespassing. The law requires that I warn them (Penal Code 602(o)) about their trespass before I can take legal action just in case the person unknowingly wandered onto my private property but my private property rights are not voided because I don't have a fence.

You may very well be right about "tresspassing" on your unposted property. I know I would never enter your property even though it is not posted because it is in a populated area. It would be rude of me, even if it is legal(which I think it is until you or your agent tells me to leave). On the other hand, I think my deer came off a 160 acre parcel surrounded by NF. The 160 acres has no improvements, fences, or roads and is about two miles away from the nearest structure(which is inside a national park. I will not worry about "tresspassing" the next time I hunt the area, but if someone claiming to be the owner or his agent asks me to leave; I will be polite and leave quickly. I will ask for the fellers name and way to contact him, because if asked to leave I will find ownership.

 

[Common Sense]

To say the least, this thread has been enlightening. Thanks for the input guys!

It has been enlightening to me as well; and a lot of fun.



Life is good; and so is cali-carnivore(just don't tell him I said so!)

 

[cali-carnivore]

I also know of fenced land that was a private ranch but was taken over by blm near tejon but I keep that one secret. If you look hard enough and talk to enough people politely you will be surprised how many doors will open.

 

[KTKT70]

sweet. BLM that we can all get too. Than you. I never knew there was private ranch land that turned in to BLM. Wouldnt that make it open to us all?? Just wondering??

 

[cali-carnivore]

yes it is now public because the family could not afford to keep it from probate. It was turned over to blm but it is not listed. My friend was friends with the old man for 20 years and I hunted it with him a few times before and after the owners death. there are many properties like that in CA. I would not hunt private property without permission but there is also a lot of public land that is posted illegally. You see this a lot on the access roads.

 

[KTKT70]

bump bump.. for guy with same ??? today.... lots of info here