Trespassers using property for recreation

[ConfusedCali]

What is the name of your state (only U.S. law)? California

We are in the process of purchasing a little less than 200 acres of undeveloped land to build on.

The seller is in his 90's and has not been on the property in over 40 years. We have a current survey and the boundaries are clearly marked. There are no recorded or obvious easements. All adjacent property owners live out of state and there are no structures anywhere near the property.

This weekend, we spent a lot of time on the property to flag where we will be installing fencing. The property is mountainous and rugged. We noticed that there appears to be a lot of impromptu camp sites (fire pits), ATV trails and someone has removed a large portion of existing fencing. The fences are laying down in many areas and there are many fresh vehicle paths throughout. We also saw several trees cut down in one area near the firepits and it appears as though someone was cutting for firewood. We have been out there several times and the activity seem to be increasing.

As much as we love this parcel and as perfect as it is, we worry that it is a local recreational area and we will be having a very hard time keeping trespassers away.

Again, there aren't any neighbors nearby that would be the culprits. Does anyone have suggestions on how to handle this? The property is very clearly posted and access from the road is gated and locked.

It is obvious that someone has taken it upon themselves to remove fencing and I fear that because the property owner has not been out here for so long that someone may try and claim squatter's rights.

This is a very remote piece of land and difficult to gain access to, someone has been enjoying the privacy for a very long time.

 

[OHRoadwarrior]

Your recourse is to put up no trespassing signs and attempt to enforce it. You could always request a deputy sheriff to issue tickets.

 

[justalayman]

Not sure what you are looking for. You would deal with trespassers just as anybody else would. Call the police, make a report and expect nothing to happen unless you catch a trespasser on the land due to the remoteness of the land.

 

[ConfusedCali]

That's what I suspected, I guess once we move out there we will have a better idea of who it is and how to handle it. We have checked with the Title Co a few times to make sure that appropriate research on the property has been done. The seller also had it resurveyed before we made an offer. Thanks for your advice, I guess I'm panicking a bit because we specifically chose this area for the privacy and security.

 

[ConfusedCali]

"Police" is one Sherrif's Deputy who patrols a 200 mile radius :-| I was just wondering if this is a common legal issue, people erroneously assuming a property is abandoned and using it for many years- then pops up new owners and a territorial issue ensues. I'm new to this, I grew up in a rural area and trespassers were minimal. The property butts up against a National Forest, so I suspect it is just confusion on the camper's part. Hopefully fresh posted signs and new fencing will help mitigate it.

 

[justalayman]

The title company cannot research the possibility of an adverse possession claim or prescriptive easement claim. The title company deals with what is recorded in public record, not a what could be situation.

I suggest reading all you can on AP and PE and attempting to determine if it appears somebody may have a claim. AP is easier to determine if there might be a claim because of the requirements of California law. PE is gamble no matter what. All you can do is defend a claim should somebody attempt to make one. If the land is like so many others, the people that are using it would have no intention of making such a claim. As you have said, they are likely taking advantage of the isolation and riding wherever they desire and nothing more.

 

[Ben T]

On a surveillance note - you can hire someone who has a plane to take some high resolution photographs and video over the area(s). They also use small drones which are significantly cheaper to operate to do the same function. 200 hundred acres is nothing to a small plane, or drone.

 

[Ben T]

On a surveillance note - you can hire a plane to take high resolution photographs, or video. Far cheaper are aerial drones. The resolution on video, or camera is outstanding. With a drone you can get close to the trespassers. Here's an example: http://www.microdrones.com/applications/aerial-security/aerial-security-rpa-uav-microdrones.php

BTW - I have used aerial photographs and the resolution of the photographs is amazing. But, you pay for this service! $$$$. Far easier to post 'no trespassing' and get the law to keep people out.

 

[Ben T]

As much as we love this parcel and as perfect as it is, we worry that it is a local recreational area and we will be having a very hard time keeping trespassers away.

Again, there aren't any neighbors nearby that would be the culprits. Does anyone have suggestions on how to handle this? The property is very clearly posted and access from the road is gated and locked.

It is obvious that someone has taken it upon themselves to remove fencing and I fear that because the property owner has not been out here for so long that someone may try and claim squatter's rights.

This is a very remote piece of land and difficult to gain access to, someone has been enjoying the privacy for a very long time.

For some reason my posts to this thread aren't coming through?

Anyway, one way to monitor large tracts of open land is to use aerial photography, or drones. The drones being cheaper and more maneuverable. I have used aerial photography in the past and the detail is amazing. However, you will pay for these services. Far cheaper to post "no trespassing" signs. And a bit of fencing. Additionally, respectful people camping on land do not tear down fences, or others. These actions are not mistakes.

 

[justalayman]

For some reason my posts to this thread aren't coming through?

Anyway, one way to monitor large tracts of open land is to use aerial photography, or drones. The drones being cheaper and more maneuverable. I have used aerial photography in the past and the detail is amazing. However, you will pay for these services. Far cheaper to post "no trespassing" signs. And a bit of fencing. Additionally, respectful people camping on land do not tear down fences, or others. These actions are not mistakes.

I saw your post somewhere from you about this. It had a link in it maybe? Maybe that was objectionable and reported.

 

[Ben T]

I saw your post somewhere from you about this. It had a link in it maybe? Maybe that was objectionable and reported.

Thank you! I didn't understand. Prior posts had a link to some companies that provide drone aerial services. It was only a FYI.

From this point on - no links to commercial companies.

 

[ConfusedCali]

Wow BenT, you really contracted a drone to patrol your property!? I didn't realize anything like that was readily available.

I will definitely research AP an PE, thanks for the suggestion Justalayman.

Someone also mentioned that campers don't tear down fences and I didn't think of it that way, you're right. Someone is aggressively using the land. Hopefully more of our own research will give us some answers! The realtor has also had a hard time because the seller (via his family due to his age) only has the perspective from 40 yrs ago. Thank you all, I wasn't sure exactly where to start or what te possibilities may be.

 

[Ben T]

Wow BenT, you really contracted a drone to patrol your property!? I didn't realize anything like that was readily available.

I will definitely research AP an PE, thanks for the suggestion Justalayman.

Someone also mentioned that campers don't tear down fences and I didn't think of it that way, you're right. Someone is aggressively using the land. Hopefully more of our own research will give us some answers! The realtor has also had a hard time because the seller (via his family due to his age) only has the perspective from 40 yrs ago. Thank you all, I wasn't sure exactly where to start or what te possibilities may be.

Cheers. I used aerial services. And they're not cheap. That said - there are aerial maps produced by GIS services which can be accessed by the public. Google Earth is also interesting, but not specific and often keyed into existing GIS aerials. Again, quasi-useful if you have open land.

I had mentioned that law-biding people do not go around tearing down people's fences. Or using someone else's property in a aggressive manner. There are a number of cases where land owners found people using other people land in a aggressive manner. I want to link these - but...

Best - Ben T

 

[ConfusedCali]

I understand the link issue, haha. Thanks, I'm building up my armory, just in case