NPO GUEST BLOG: How to deal with Trespassers

NPO GUEST BLOG: How to deal with Trespassers

By Kyle Hey

Dealing with Trespassers

If you have ever hunted private property, chances are high that you have had to deal with trespassing issues. It is a frustrating reality that can dampen any hunting season. I can only imagine the indignant look on my face as I watched an orange-clad hunter bumble off the neighbor’s property and toward my stand. In the wake of this trespasser’s ineptitude, I saw the hopes of filling my tag vanish in the form of white tails streaking through the woods away from my location.

Few things are more frustrating than when people do not play by the rules. Trespassing incidents like this one can elevate frustrations to a boiling point. However, reason and prevention are always better problem solvers than emotion. It is important to understand how to actively engage when incidents do occur, and to prevent trespassing from happening in the first place. 

Prevention:

The first step in preventing trespassing is communication. According to Pennsylvania law, a “Posted” sign legally communicates an owner or lessee’s desire to keep others off a property. If you have ever confronted a trespasser, you have likely heard a rambling explanation of how the property boundary is unclear. A well-maintained line of posted signs leaves no doubt, practically and legally. In Pennsylvania, anyone who crosses a posted boundary is legally considered a “defiant trespasser”. Even though the police and not the Game Commission handle trespassing cases in Pennsylvania, repeat offenses of defiant trespassing while hunting can lead to a loss of hunting privileges.

Enlist your neighbors to help secure your boundaries. They will often be your first line of defense against trespassers. Work together to ensure that trespassing is not an issue on either property. Also, be sure that your neighbors know who has permission to be on your property, to avoid unnecessary confrontations.

Blocking and monitoring access points is another step toward reducing trespassing. On our lease we have done this by placing mounds of dirt at ATV entry points. If you choose to block an access point, do so in a safe manner. The trespassers are on the wrong side of the law; do not compromise your legal position by setting out nail strips or traps to prevent entry onto your property.

Engagement:

The most important step for you to take in confronting a trespasser is to de-escalate the situation. Be very specific with the individual about why you are confronting them and where your boundary line is located. The reality is that every trespasser, no matter how disrespectful, is human. Treating a trespasser as a verbal punching bag only escalates an already tense situation.

Active engagement does not always mean a face-to-face confrontation. After some property damage on our lease, a state police officer allowed a lease member to accompany him as he went house to house asking local residents questions. In doing so, word quickly got around that we would take trespassing seriously.

When incidents do occur you should actively gather evidence such as any vehicle information or trail camera photos. Legally, it is never a good idea to post a picture online with a caption accusing someone of a crime. It is always better to hand evidence over to authorities than to be an Internet vigilante.

Above all, keep things in perspective. Trespassers could have malicious intent, or they could simply just be lost. Do not risk your safety or reputation to make the same point that can be made by accessing the proper legal channels.

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