Land Corner Crossing
- Thread starter Cali Ridge Runner
- Start date
Well, I once had a court date on this exact subject.....Easy beat, since the said corner was NOT fenced, cultivated, or posted....Having a signed letter from the property manager saying they didn't even know where their property lines were helped too....
If you're in Montana....This is not the case....You are required by law to know who owns the property....No signs, fences required....If it ain't yours, it belongs to someone else....It's your responsibility to know who.
I don't like it when a state is like that. It's really not that much to ask a property owner to put up some signs in most situations.
I got a trespassing ticket once for crossing private property that was NOT posted fenced or cultivated. Long story short that prick Rassie pussed out and never showed up in court.
Sign Language
It turns out that there is a point to all of those unfriendly “No Trespassing” signs. Not only are such signs a convenient method to announce the boundary of private property, they also revoke the public’s privilege to lawfully enter that property. Under Section 45-6-201 of the Montana Code (MCA), if a landowner fails to post a no-trespassing notice, entering the property is not technically trespassing (at least until you refuse to leave after the owner tells you to leave).
But having an implied license to enter unposted private property without being arrested is not all it’s cracked up to be. It doesn’t mean you have the right to actually do anything on the property, other than walk around gingerly. Hunting on private property always requires a landowner’s permission, regardless of any failure to post signs, as does pursuing wounded game onto private property.
It turns out that there is a point to all of those unfriendly “No Trespassing” signs. Not only are such signs a convenient method to announce the boundary of private property, they also revoke the public’s privilege to lawfully enter that property. Under Section 45-6-201 of the Montana Code (MCA), if a landowner fails to post a no-trespassing notice, entering the property is not technically trespassing (at least until you refuse to leave after the owner tells you to leave).
But having an implied license to enter unposted private property without being arrested is not all it’s cracked up to be. It doesn’t mean you have the right to actually do anything on the property, other than walk around gingerly. Hunting on private property always requires a landowner’s permission, regardless of any failure to post signs, as does pursuing wounded game onto private property.
Most private that has any worthwhile larger game is posted I've found. It's the condemned burnout drug lab with pigeons sort of stuff nobody cares about.
I wouldn’t do it. I know of many corners (only marked by CNF and not by owners of the private) that could be cut to get to my spot. However, there is no need to avoid a few extra steps. If there is no other way to get to this public land, then let me know (walking on water is my favorite method to get to public).
Still not exactly legal, but those Missouri boys were found not guilty. I see that as a step in the right direction.
Charges Dismissed
The case in Wyoming where four hunters were cited for just such violation was settled in court with a not guilty verdict, but the law is still not settled. The law says the land owner owned the airspace above his land as well s the land. Or some such thing.
Yup. Except the DA failed to prove criminal trespass. Apparently the land owner is now filing a civil suit as well. Will be interesting to watch.
Link: Charges Dismissed
“Corner crossing on foot in the checkerboard pattern of land ownership without physically contacting private land and without causing damage to private property does not constitute an unlawful trespass.”
JUDGE SCOTT SKAVDAHL
JUDGE SCOTT SKAVDAHL
