Trespassers.....in virginia

[Mustang3550]

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

Ok so Sept. 30 was second time in 2.5 years ive had ppl unauthorized on my property that I purchased. The first time in sept 2011 they were using 4 wheelers on a old trail, I hollors but didnt stop and kept going, I found out they lived two houses up but didnt come to door. So I went got signs, aluminum paint, and orange marker tape. I also dropped a tree across this trail to block it and placed my signs and paint on my property boarder.

Upon blocking the other side a groupd of 6 fourwheelers showed up, 10 people total. Cursed raised kane cause I was blocking trail. They claimed they had a right of way and visited a cemrtary, 3 of tge fourwheelers had rifles mounted. I presumed they were illegally hunting. My wife called law as they would not want to listen to me as I stated its a legal matter of your saftey and mine, insurance, and with gun I questioned the cemetary all together. They law was called and they had to leave and were told not to be on the property by me, wife, and law enforcement.h

Sept 30, 2013 while in the garage im alerted my my dog as im sharping my saw, I exited my garage and look at her direction of barking, I had to stare but then noticed 3 ppl in woods, camo clothing, rifles, behind trees, I call out to them a notify them that they are trespassing as I head towards them. 200 foot away at this time they begin walking off property but reply "you just said no fourwheelers, nothing about us walking." I commented back and told him someone will pay him a visit soon as im zero tolerance on this ESPECIALLY with FIREARMS involed.

I called law as I did two them bolted down road in car. Deputys arrived they passed the vehicle which he then radioed in to be stopped and obtain information. A trooper replied back to him immediatly saying he was turning to presue this vehicle as it passed him 68 in a 45.

I stated my issue with ofgicers showing him property posted, my deed, and other info, he went to neighbors house, and he did say they were on property and were out "shooting targets."
He claimed they had rights but made no claim of the cemetary this time. The officers returned to my property with there information and seen it as trespassing bit instructed me to see the majistrate on duty. Magistrate asked me questions about signs, verbally telling them, and he confirmed them and wrote all 3 class 3 misdemeonors for trespassing.

I made a property check while sawing firewood and noticed sign on southside of my proery had a limb infront of it that a cleared but this is sign they witnessed me putting up in 2011. Day before wife said they were at property boarder taking picture of it. But they entered property from northern side were trail was that sign was clearly posted. This is pretty much them wanting to use it and my problem is several there family lives near so its a crappy attitude you get. 3 of the 5 propertys this trail is on is family of theres.

There are 5 signs with 5 or 6 silver paint markings on each side of my properts 2 at rear and on on each pole in front my house aswell one at my garage. I also had our titling company do a titlesearch for any easements or engras on property. They have found none and gave me a stsmped.letter with signatures of this. Our deed has nothing about rightaways or easements of any kind. Our property was,a foreclosure that sat on market for 3 years, so I feel there used this freely as,my one neighbor said he has seen 15- 20 fourwheelers at one time passing through.

I guess my question is Do they have any legal rights at all to the trail. If you go by the 1973 map of this propertys orgin there house is in middle of the trail entering public road that travels up several property to a train railway.. Im looking out for my familys privacy, saftey, and financial liabilitys.

Any input would be nice at court is Nov 7th

 

[justalayman]

I guess my question is Do they have any legal rights at all to the trail. If you go by the 1973 map of this propertys orgin there house is in middle of the trail entering public road. Im looking out for my familys privacy, saftey, and financial liabilitys.

if this was the same people as the first time, the sign, while a great idea, is not needed to prosecute. They had been warned prior. That doesn't expire after any specific period of time.



as to the trails and anything else; while they might have had a claim for a prescriptive easement (where continued use for a specified period of time allows them to establish a right to use the trail), unless they made a claim for such rights, they were extinguished upon complying with the demand to leave the first time you booted them off your property and failed to make such a claim.


With the current situation; it is up to the prosecutor to prosecute the case. You can provide evidence if they seek it from you but other than that and your testimony as witness (and the prosecutor will ask whatever questions they deem appropriate), it is out of your hands.

 

[Mustang3550]

if this was the same people as the first time, the sign, while a great idea, is not needed to prosecute. They had been warned prior. That doesn't expire after any specific period of time.



as to the trails and anything else; while they might have had a claim for a prescriptive easement (where continued use for a specified period of time allows them to establish a right to use the trail), unless they made a claim for such rights, they were extinguished upon complying with the demand to leave the first time you booted them off your property and failed to make such a claim.


With the current situation; it is up to the prosecutor to prosecute the case. You can provide evidence if they seek it from you but other than that and your testimony as witness (and the prosecutor will ask whatever questions they deem appropriate), it is out of your hands.

Thank you for replying and the input, yes all 3 were from the group of 10, being 27 im still learning law and but agree prosector will decide how far to push this matter. Hopeful be swift decision that is not drug out.
Thanks again

 

[justalayman]

just for a bit of added info:

§ 18.2-119. Trespass after having been forbidden to do so; penalties.

If any person without authority of law goes upon or remains upon the lands, buildings or premises of another, or any portion or area thereof, after having been forbidden to do so, either orally or in writing, by the owner, lessee, custodian, or the agent of any such person, or other person lawfully in charge thereof, or after having been forbidden to do so by a sign or signs posted by or at the direction of such persons or the agent of any such person or by the holder of any easement or other right-of-way authorized by the instrument creating such interest to post such signs on such lands, structures, premises or portion or area thereof at a place or places where it or they may be reasonably seen, or if any person, whether he is the owner, tenant or otherwise entitled to the use of such land, building or premises, goes upon, or remains upon such land, building or premises after having been prohibited from doing so by a court of competent jurisdiction by an order issued pursuant to §§ 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-278.2 through 16.1-278.6, 16.1-278.8, 16.1-278.14, 16.1-278.15, 16.1-279.1, 19.2-152.8, 19.2-152.9 or § 19.2-152.10 or an ex parte order issued pursuant to § 20-103, and after having been served with such order, he shall be guilty of a Class 1 misdemeanor. This section shall not be construed to affect in any way the provisions of §§ 18.2-132 through 18.2-136.

I found nothing describing and specific requirement on the sign itself or posting requirements (some states specify sizes of signs, specific wording or such as well as frequency the signs must be place along the perimeter of the property). You might want to check with the local police or prosecutors office to see if there is and I missed it.

and more signs are better than fewer regardless of any requirement. It becomes much harder to argue; I didn't see the sign, when there is so many posted they couldn't miss them all.

 

[Mustang3550]

just for a bit of added info:





I found nothing describing and specific requirement on the sign itself or posting requirements (some states specify sizes of signs, specific wording or such as well as frequency the signs must be place along the perimeter of the property). You might want to check with the local police or prosecutors office to see if there is and I missed it.

and more signs are better than fewer regardless of any requirement. It becomes much harder to argue; I didn't see the sign, when there is so many posted they couldn't miss them all.

That is charge they filed them with and I have it downloaded for fast link, if you use the hunting and fishing way virginia list itbas 300 feet signs or silver strip vertical, so I have both and over did these on the property edges, but I made it hard to miss. Just kinda wanting court to come and go and move on from this, wife being just over 8 months im handling all this or atleast trying too.

 

[justalayman]

wife being just over 8 months im handling all this or atleast trying too.

Oh heck kid, time to stop worrying about the trespassers (since you really cannot change what happens from here on out) and worry about the wife. The little one deserves all the attention you can give him/her.

 

[Mustang3550]

Oh heck kid, time to stop worrying about the trespassers (since you really cannot change what happens from here on out) and worry about the wife. The little one deserves all the attention you can give him/her.

Oh I am, babys(him) room done, so now its wait, im just trying to protect her, it worry's her with people trespassing so im trying handle it. Had issue yesterday with there kid yelling out bus window at her "****ing ****" was what was said so I delt with school board this morning. Big pissing contest this is.