I need advice about public access to a trail on my property

[cujet]

I have 2 acres, the south 30 feet of which is a drainage easement (for water from the neighborhood to drain through). There is an access trail (on my property)(for canal maintenance) near the 12 foot wide drainage canal.

Of course my entire neighborhood uses my property to get to the 3000+ acres of natural area behind my house, which is OK by me. The horses generally have good looking women and the dirt bikers often stop to talk, life is good!

However, there is one small group of 4 wheelers who have decided to make life difficult. I spoke with them and asked them to be respectful and quiet during the late night rides. What I got was a few curse words, mufflers removed and late night donuts iin front of my house. They even tore down my fence last night.

I am looking for advice, as everyone passing through my property really is tresspassing. Is it OK to allow certain users, and calling the police on noisy tresspassers? The local government utility company needs access to the canal so I cannot block access to everyone with a gate, nor do I want to.

In addition, the 3000+ acres is not legal for dirt bikes or 4 wheelers anyway, it is patroled by ERM officers during the dry season.

I really hate to block everyone, especially in light of the loss of riding areas in recent years.

I have thought about an opening just large enough for horses that can be easily removed for canal maintenance.

Suggestions and opinions wanted, no matter how you feel !!!

Chris

 

[BSWIFT]

File a complaint against the violators and that you suspect them in damaging your property. File a claim with your insurance company and let them know that you have a good idea who caused the damage. The insurance company will likely push the local police to "appreahend" the culprits and persue monetary damages from them. Be sure and state clearly to the authorities AND the insurance companies that polite access is no problem. "Hoolagans" are the culprits not those that are being reasonable.
Since you have talked to the ATV riders, find out where they live. Give good discriptions of the riders and the ATVs, as well as, their addresses. The local courts may force the culprits to repair the damages and settle with the insurance company. Right-of-ways and easments have very defined uses under the law. The right-of-ways and easments do no mean their is a free for all.
An alternate method is to install steel poles, buried and filled with concrete. Set them far enough apart to allow pedistrians, horses, and bikes with one/two removeable to allow maintence vehicles. The removeable ones can be locked down with locks that the maintenance department uses to insure they always have access.

 

[XRpredator]

Don't know about Florida, but here in Idaho you can selectively keep trespassers off your property, all you need is their name, then you notify them by certified mail.

Either that, or stand on your porch with your shotgun and holler "GIT OFFA MAH PROPPITY!!!!"

 

[Tony Eeds]

Chris:

I don't know about selective access from the laws point of view, but I do know how to keep 4 wheelers out. Build a fence with a gap just wide enough for a horse, motorcycle or mountain bike to get through. Mountain bike and equestrian trails here in Texas have these set at approximately 24 inches apart.

Make the posts on each side out of steel and brace them like you would a set of corner posts. Set the whole mess in concrete and sit back and wait. The jerks will likely come through the fence by cutting it and then you clearly can call the law bacause they took down your fence and are trespassing.

The gap you left in the fence is adequate for normal pedestrian access and if you include a gate or allow the maintenance crew access via your property, there should be no problems. Easements only convey rights of access and not ownership. It is up to you and the canal maintenance folks to work out the definition of that access. I'm sure they would be sympthetic to your problem.

 

[Y2Z]

I think Tony has the right idea, im not saying that calling authorities isn't a good idea either, but as you said the land is not legal for dirtbikers, so the police might start paying alot more attention to whos riding there, and could get some of your neighbors in some trouble.

 

[extrememoto]

Have to agree with BSWIFT...here in UT you can selectively prosecute tresspassers on your land...although I have had problems with riding on my own private property, I have had the police respond for people driving a four wheel drive on my "jumps", doing donutes, stirring dust and creating a disturbance with their sole purpose of agrevating my neighbors :| ...they were issued a citation, yet the kids that I let ride BMX Bikes in the back are not in anyway going to get a ticket... :thumb: check with your city to let them know your concern and it is your property, I would put up an access gate and since the city maintenance dept has to access your land see if they will help substadize the costs of a fence and gate...

 

[cujet]

Thanks guys. I spoke with 5 of the good guys today, as they saw my "no tresspass" sign and turned around. Of course, I gave them permission and told them how to properly access the trail.

Chris

 

[oldguy]

When we first built on our current property I had a similar problem. Our 4 acres was the common horse trail into the state forest trails and in winter snowmobiles used it also. When we built I talked to a couple of horse riders and asked that they stay to the edge of the property away from the grass and trees I was planting. this worked with the majority except for 1 person who I found with her horse sunk 3 inches in the freshly seeded/watered lawn letting her horse eat the hay I had spread. Needless to say the next time she came thru I stopped her IDed her and issued her a citation for tresspassing (the ticket held up in court as I had the choice of who I allowed on my property)
Then winter came and a whole new set of problems. I stopped the first group of snowmobiles and asked them to use the area where the horses had a trail. Their response was they would ride where they wanted to which I responded that they would be cited. I then closed off the access point into the yard that was the trail. they came back and asked me to remove the gate and I told them I would when they agreed to stay in the specified area and the first time they strayed it would be closed. Later that day I caught 3 of them running straight thru the area I had planted 400 pine seedlings their excuse was that the snow was better there and that is where they wanted to travel. My land has since then been closed to all snowmobiles vertually closing access to the state trails without trailering to the trail head. If someone would approach me and agree to my rules the trail would again be open on my terms.