NC, unauthorized tree stand on property

Back in my day as a Trooper I confronted my share of trespassers and I always loved the response "I didn't know anybody owned this land"... Really??? In GA if you're caught on land that you don't own and don't have permission to be on you'll be sitting at the county seat waiting for a Magistrate to "get 'round" to coming to set bail and/or establish a fine.
 
Handful of counties:

Cabarrus
Stanly
Anson
Bertie
Bladen
Caswell
Chatham
Chowan
Davidson
Durham

Edgecomb
Gates
Harnett

Hertford
Hoke
Hyde
Iredell
Johnston
Lee
Moore
Nash
Northampton
Orange
Perquimans
Pitt
Robeson
Rowan
Scotland
Transylvania
Tyrell
Wake
Washington
Wayne
Wilkes
Wilson
Yadkin

All those counties have required some form of written permission to hunt on another’s property written into local ordinance with either center fire or any type of hunting. Right there in the wildlife regulation book

I only checked as far down the list as Harnett. Those I put in bold either do not require written permission at all or only if you are using centerfire rifles. I hunted deer for many years without even taking out a centerfire rifle. I certainly never duck or turkey hunted with a centerfire rifle.

I wish all land was automatically posted statewide, but it is not. It is up to the hunter to know what the local, state, and federal laws are where they hunt, and it is up to the landowner to know what the laws are in his area to try to keep him out of trouble dealing with people on his land.

 
I only checked as far down the list as Harnett. Those I put in bold either do not require written permission at all or only if you are using centerfire rifles. I hunted deer for many years without even taking out a centerfire rifle. I certainly never duck or turkey hunted with a centerfire rifle.

I wish all land was automatically posted statewide, but it is not. It is up to the hunter to know what the local, state, and federal laws are where they hunt, and it is up to the landowner to know what the laws are in his area to try to keep him out of trouble dealing with people on his land.

That's what the Landowner Protection Act sought to clear up. Paint it up and call an LEO.

I suggest using Krylon Plum Gloss in the rattlecan, it will paint about 20 stripes for $3.50 at Walmart everywhere.
 
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I thought the discussion was mostly about unposted land. I have used the purple paint on about 5 miles of boundary. It is easier and more permanent than are posted signs. I have had a game warden write up some fellow who was on my land when I was not there. The LPA is a step in the right direction.
 
There shouldn't be a need for this. Anyone should already know that they can't just stop and hunt wherever they like. Common sense tells you that you need to ask the owner if you can hunt on their land but as we all know, common sense isn't very common.
 
I would take them down and wait for the person to come to your house to get them. Maybe leave a note attached to the tree where the stand was located with your number. It's not larceny because you intend to return and once you return it you can talk to the person. If they don't call well you got new equipment.

IF they call you HOT just tell them to take you to small claims court to make them sweat it out a little. If nothing else it makes them waste money and time (which is more important) IF they are being jerks.
This......

I’d leave a note with contact for him to get his stuff.

Could be intentional but it’s also possible it’s not intentional, neighbor could have gave him permission and he wondered over the border since it isn’t marked. I’d give him a chance to come and get it. It’s the right thing to do.
 
There shouldn't be a need for this. Anyone should already know that they can't just stop and hunt wherever they like. Common sense tells you that you need to ask the owner if you can hunt on their land but as we all know, common sense isn't very common.

Well, in lots of cases they legally can. The Hunting Guide states that there is a moral obligation to seek permission rather than a statewide legal obligation. Unless the land is legally posted or unless the local laws forbid it, a person can legally go on land not belonging to him to hunt without breaking any laws.
 
Well, in lots of cases they legally can. The Hunting Guide states that there is a moral obligation to seek permission rather than a statewide legal obligation. Unless the land is legally posted or unless the local laws forbid it, a person can legally go on land not belonging to him to hunt without breaking any laws.
They may not be hunting illegally, but wouldn't they still be trespassing?
 
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Well, in lots of cases they legally can. The Hunting Guide states that there is a moral obligation to seek permission rather than a statewide legal obligation. Unless the land is legally posted or unless the local laws forbid it, a person can legally go on land not belonging to him to hunt without breaking any laws.

It might be legal, but anyone with any sense of morality should know that you don't just use other people's stuff without permission. One should respect other people's property.
 
I suggest using Krylon Plum Gloss in the rattlecan, it will paint about 20 stripes for $3.50 at Walmart everywhere.
Bought a can the other day and used it today after reading this thread. Later tonight I’ll post a photo of what I found while striping trees. :mad:
 
When it comes to hunting, deer fever trumps morality every time. My family once owned a farm beside a large block leased by a local dog hunting club. They repeatedly posted our land with their hunting club signs, even after being told to stop. Then, they would purposely release their dogs on our property line and run their dogs across our property towards their lease. Once, when we were out cutting firewood, they sent one of their members over and he told us that we needed to get the f**k off our own property because they were getting ready to run their dogs across our land and they were "not going to be responsible for anything that happened" to us if we stayed. Unfortunately for that guy, he badly misjudged my father's genetic predisposition for violence and got dragged back to his truck by his throat. He got told in no uncertain terms that we would not be leaving and that every single dog that came on our land that day would die and if anybody had a problem with that, to bring it on over. They didn't release the dogs over our property that day. But after that, every time any of us was out there in the woods and members of that club drove by, they would stop on the road and shoot back across our field and into our woods indiscriminately. Since then, I have lost all respect for dog hunters/clubs and other intentional trespassers of whatever form.
 
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Great advice that I’d never considered. I was out in the woods looking at some downed trees when I heard voices. I saw three guys wandering around, one with a bag of corn over his shoulder. It seems “somebody” misinformed them about the location of the property lines and they were planning to help themselves to the deer living on my side of the line.
So, I was out this afternoon, decorating some trees with purple Krylon. Doing so, I stumbled upon what you see in the photo. This was maybe 30 or 50 yards from where I encountered the three men a week or two earlier. I should have realized that carrying corn into the woods would have been the last step and that the stand was already in place. If the stand isn't on my property, it is a curly hair over the line and positioned so that they're likely shooting into my land. :mad:

IMG_20181122_163519.jpg
 
So, I was out this afternoon, decorating some trees with purple Krylon. Doing so, I stumbled upon what you see in the photo. This was maybe 30 or 50 yards from where I encountered the three men a week or two earlier. I should have realized that carrying corn into the woods would have been the last step and that the stand was already in place. If the stand isn't on my property, it is a curly hair over the line and positioned so that they're likely shooting into my land. :mad:

View attachment 87390
Use your phone and download huntstand and check the boundary. I would spray the stand and the whole damn tree purple if it was on the line. Or take the bottom section of ladder and just hunt it yourself when u want
 
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It might be legal, but anyone with any sense of morality should know that you don't just use other people's stuff without permission. One should respect other people's property.


When I was 16, I knocked on a stranger's door and asked permission to hunt on his property. I bagged my first deer, a 6 point buck, that year behind his chicken houses. I took him a couple roasts and one of the backstraps. He was thrilled. He invited me in his house and we sat, talked, and drank sweet tea for a couple hours. I asked about a number of pictures he had in his hallway of groups of men. They were his unit that landed on Omaha Beach on D-Day and the pictures were of their reunions over the years. As you went down the hallway, the men in the pictures got older and the group got smaller. He talked a little about their experience on D-Day, but talked a lot about the men in the pictures.

Over the next several years, I hunted on his property several times and took him a bit of meat each time I got a deer. Each season I asked permission and each season we sat and talked a while. One year, he pulled me out of some mud I had stupidly driven into and he wouldn't accept payment for his help. Another year, I learned his wife had died and he was alone in the house where he raised his family. Eventually, I got married, moved to another town, and that was that.

I miss Gaston Hayes. I wish I had had the sense to stop by and talk with him more often, but I was just a kid and didn't yet know a lot that was really important. He was a good man and had a good bit more he could have passed on to me, had I made the time.
 
So, I was out this afternoon, decorating some trees with purple Krylon. Doing so, I stumbled upon what you see in the photo. This was maybe 30 or 50 yards from where I encountered the three men a week or two earlier. I should have realized that carrying corn into the woods would have been the last step and that the stand was already in place. If the stand isn't on my property, it is a curly hair over the line and positioned so that they're likely shooting into my land. :mad:

View attachment 87390


Christmas in November.

Looks like you've got yourself a nice ladder stand.
 
They may not be hunting illegally, but wouldn't they still be trespassing?
If they can legally be on the land to hunt, then they are not trespassing being on the land. They would be trespassing if they came on the land again if the land owner asked them to leave and not come back.
 
When I was 16, I knocked on a stranger's door and asked permission to hunt on his property. I bagged my first deer, a 6 point buck, that year behind his chicken houses. I took him a couple roasts and one of the backstraps. He was thrilled. He invited me in his house and we sat, talked, and drank sweet tea for a couple hours. I asked about a number of pictures he had in his hallway of groups of men. They were his unit that landed on Omaha Beach on D-Day and the pictures were of their reunions over the years. As you went down the hallway, the men in the pictures got older and the group got smaller. He talked a little about their experience on D-Day, but talked a lot about the men in the pictures.

Over the next several years, I hunted on his property several times and took him a bit of meat each time I got a deer. Each season I asked permission and each season we sat and talked a while. One year, he pulled me out of some mud I had stupidly driven into and he wouldn't accept payment for his help. Another year, I learned his wife had died and he was alone in the house where he raised his family. Eventually, I got married, moved to another town, and that was that.

I miss Gaston Hayes. I wish I had had the sense to stop by and talk with him more often, but I was just a kid and didn't yet know a lot that was really important. He was a good man and had a good bit more he could have passed on to me, had I made the time.
Thanks for sharing that. If we only had more wisdom when younger....
 
If they can legally be on the land to hunt, then they are not trespassing being on the land. They would be trespassing if they came on the land again if the land owner asked them to leave and not come back.
If I understand correctly, you say it is legal because the statute doesn't specifically prohibit it unless it is posted or enclosed/secured as to clearly demonstrate an intent to keep out intruders?
 
Thanks for sharing that. If we only had more wisdom when younger....
Tell the stories. There are some younger fellows on here. They can benefit from this.

I had an invite from a gunsmith to use his range. To repay his kindness I bought him a box of ammo. Not just any ammo but a box of the 45ACP loaded with the Speer hollow points known as the Flying Ashtray.

My father taught me the same lessons about taking part of meat to the landowner.

The deeper message is to get to know the person and create the bond of friendship.

Sent from my SM-J320V using Tapatalk
 
I think there's something being overlooked in this discussion. Just because you have permission to hunt that doesn't mean you have permission to do anything else. You should only be on the property when actively engaged in the act of hunting, not picnicking or doing anything else.
And for the folks that think just because the property isn't posted that you can enter and do whatever you want until caught, try it and we'll see how far you get......
 
I think there's something being overlooked in this discussion. Just because you have permission to hunt that doesn't mean you have permission to do anything else. You should only be on the property when actively engaged in the act of hunting, not picnicking or doing anything else.
And for the folks that think just because the property isn't posted that you can enter and do whatever you want until caught, try it and we'll see how far you get......

That reminds me, how's that bench?
 
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If I understand correctly, you say it is legal because the statute doesn't specifically prohibit it unless it is posted or enclosed/secured as to clearly demonstrate an intent to keep out intruders?
That is my understanding. I welcome someone showing me how I am not correct. If I am wrong, there would be no need for posted signs, purple paint, Landowner Protection Acts, or anything such as that. It sure would save me a lot of time, effort, and money.
 
When their lawyer questions you, he's gonna make a big deal out of whether you posted the property.

How could you care so little that you neglected to post the property, yet feel so strongly about it that you shot my client?

You have to post your property. Big pain in the ash, but necessary when confronted with pig headed trespassers.
 
I think there's something being overlooked in this discussion. Just because you have permission to hunt that doesn't mean you have permission to do anything else. You should only be on the property when actively engaged in the act of hunting, not picnicking or doing anything else.
And for the folks that think just because the property isn't posted that you can enter and do whatever you want until caught, try it and we'll see how far you get......

I give permission for people to hunt on my posted land. I do not want them to use it for anything else. If my land was not posted, however, I have found nothing that would indicate that someone could not put a picnic basket on the back of their ATV and go eat lunch under one of my deer stands legally until I told them not to do so. I would appreciate some direction in finding where it states that they could not do such a thing legally.

The point I want to stress is that landowners need to be real cautious about what they do to people and their property on posted or unposted land. Taking or harming private property that is on your land legally could cause problems for the landowners and a good payday for the lawyers.
 
My county requires written permission in your possession dated within 1 year.
 
I give permission for people to hunt on my posted land. I do not want them to use it for anything else. If my land was not posted, however, I have found nothing that would indicate that someone could not put a picnic basket on the back of their ATV and go eat lunch under one of my deer stands legally until I told them not to do so. I would appreciate some direction in finding where it states that they could not do such a thing legally.

The point I want to stress is that landowners need to be real cautious about what they do to people and their property on posted or unposted land. Taking or harming private property that is on your land legally could cause problems for the landowners and a good payday for the lawyers.

Charlie, read it any damned way you want, but if I were you I wouldn't attempt that on MY land. You may get by with it somewhere else but not with me..... Unless I give you permission to be there you're a trespasser....
 
Charlie, read it any damned way you want, but if I were you I wouldn't attempt that on MY land. You may get by with it somewhere else but not with me..... Unless I give you permission to be there you're a trespasser....
I would not try to go on anyone else's land without permission. Unless the land is posted, the laws that I have seen disagree with you about the trespassing part. I wish it were not so, but nobody has shown me where I am wrong. Harming a person, threatening a person, damaging their property, or doing anything like that to a person on your unposted land could lead to some rather serious problems for the landowner. Even if the land is posted and the person is trespassing according to the law, the landowner still needs to be careful what he does so he does not wind up being the person in deep trouble.

I wish I could shoot trespassers, put out set guns, dig tiger pits, spread out bear traps, deploy armed drones, and put spikes in the roads, but I do not want to spend time in government housing after being sued for all I am worth. Landowners need to follow those stupid laws so they do not wind up in serious trouble.
 
I would not try to go on anyone else's land without permission. Unless the land is posted, the laws that I have seen disagree with you about the trespassing part. I wish it were not so, but nobody has shown me where I am wrong. Harming a person, threatening a person, damaging their property, or doing anything like that to a person on your unposted land could lead to some rather serious problems for the landowner. Even if the land is posted and the person is trespassing according to the law, the landowner still needs to be careful what he does so he does not wind up being the person in deep trouble.

I wish I could shoot trespassers, put out set guns, dig tiger pits, spread out bear traps, deploy armed drones, and put spikes in the roads, but I do not want to spend time in government housing after being sued for all I am worth. Landowners need to follow those stupid laws so they do not wind up in serious trouble.

yep this is correct and what the Warden, Sherriff, and Judge told us in the end of it all. If you don't want anyone on your land and want to have a chance at trespassing them legally on the first occurrence, purple paint/no hunting signs and no trespassing signs are required. The judge doesn't give a damn what "we think it should be" or "on my land I'll do what ever I want" in the court system, it is what is written as law that counts and one's opinion is worth as much as the toilet paper I just flushed.
 
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Many times I have asked for permission to hunt a person's land only to hear no, reason being that if they give written permission they are accepting the responsibility of my well being. No one wants a civil action against them and I don't blame them.
 
I asked for written permission to hunt on the Blackberry Farm where I am the only one out there... and the 95 yr old owner said, I'm always here, just tell 'em to come knock on the door.
 
I would not try to go on anyone else's land without permission. Unless the land is posted, the laws that I have seen disagree with you about the trespassing part. I wish it were not so, but nobody has shown me where I am wrong. Harming a person, threatening a person, damaging their property, or doing anything like that to a person on your unposted land could lead to some rather serious problems for the landowner. Even if the land is posted and the person is trespassing according to the law, the landowner still needs to be careful what he does so he does not wind up being the person in deep trouble.

I wish I could shoot trespassers, put out set guns, dig tiger pits, spread out bear traps, deploy armed drones, and put spikes in the roads, but I do not want to spend time in government housing after being sued for all I am worth. Landowners need to follow those stupid laws so they do not wind up in serious trouble.

All you're doing is quoting yourself and saying the same thing all over again. What I'm telling you is that if you don't own the land you'd better keep your ass off it. I can give 4 references that had that proven to them the hard way...... Because it's not posted does NOT give you the right to enter, that's common sense and kind of like gravity it doesn't need a sign to be enforced... Why not give your theory a try, PM me a date and time when you'll be available and bring 450.00 in cash I'll PM you an address for your GPS and I'll prove my point....
 
All you're doing is quoting yourself and saying the same thing all over again. What I'm telling you is that if you don't own the land you'd better keep your ass off it. I can give 4 references that had that proven to them the hard way...... Because it's not posted does NOT give you the right to enter, that's common sense and kind of like gravity it doesn't need a sign to be enforced... Why not give your theory a try, PM me a date and time when you'll be available and bring 450.00 in cash I'll PM you an address for your GPS and I'll prove my point....

You miss my point. I do not want to go on land uninvited. I never have and have no desire to do so in the future. The OP asked a question about someone going on his unposted land and what he should do about it. He was given some advice that could land him in quite a bit of trouble according to how the law seems to be written and according to how the law has been explained to me by several people of authority who deal with such laws. I would hate to see the OP land in jail or worse because of bad advice given to him here. He does, of course, need to have his sanity checked if he makes legal decisions based on what he sees on an internet forum.

Out of curiosity, what would be the purpose of the $450?
 
Okay, since we are this far into the thread with many opinions and not a ton of actual citation of the law, I figured I would just drop the whole thing in here. It will be a couple (or maybe more) posts because there's several statutes at hand, but here are all the statutes governing trespass, landowner liability, and the duty of care owed to trespassers.

GS 14-159.6 through 14-159.10

This one is very simple and straightforward. If land is posted, you must have written permission to hunt, fish, trap, or get pine needles.
§ 14-159.6. Trespass for purposes of hunting, etc., without written consent a misdemeanor; defense.

(a) Any person who willfully goes on the land, waters, ponds, or a legally established waterfowl blind of another that has been posted in accordance with the provisions of G.S. 14-159.7, to hunt, fish or trap without written permission of the landowner, lessee, or his agent shall be guilty of a Class 2 misdemeanor. Written permission shall be carried on one's person, signed by the landowner, lessee, or agent, and dated within the last 12 months. The written permission shall be displayed upon request of any law enforcement officer of the Wildlife Resources Commission, sheriff or deputy sheriff, or other law enforcement officer with general subject matter jurisdiction. A person shall have written permission for purposes of this section if a landowner, lessee, or agent has granted permission to a club to hunt, fish, or trap on the land and the person is carrying both a current membership card demonstrating the person's membership in the club and a copy of written permission granted to the club that complies with the requirements of this section.

(b) Any person who willfully goes on the land of another that has been posted in accordance with the provisions of G.S. 14-159.7(1), to rake or remove pine needles or pine straw without the written consent of the owner or his agent shall be guilty of a Class 1 misdemeanor.

(c) It is an affirmative defense to a prosecution under subsection (a) or (b) of this section that the person had in fact obtained prior permission of the owner, lessee, or agent as required by those subsections but did not have on his or her person valid written permission at the time of citation or arrest. (1949, c. 887, s. 1; 1953, c. 1226; 1965, c. 1134; 1975, c. 280, s. 1; 1979, c. 830, s. 11; 1991, c. 435, s. 4; 1993, c. 539, s. 99; 1994, Ex. Sess., c. 24, s. 14(c); 1997-443, s. 19.25(z); 2011-231, s. 1.)



§ 14-159.7. Regulations as to posting of property.

For purposes of posting property under G.S. 14-159.7, the owner or lessee of the property may use either of the following methods:

(1) The owner or lessee of the property may place notices, signs, or posters on the property. The notices, signs or posters shall measure not less than 120 square inches and shall be conspicuously posted on private lands not more than 200 yards apart close to and along the boundaries. At least one such notice, sign, or poster shall be posted on each side of such land, and one at each corner thereof, provided that said corner can be reasonably ascertained. For the purpose of prohibiting fishing, or the taking of fish by any means, in any stream, lake, or pond, it shall only be necessary that the signs, notices, or posters be posted along the stream or shoreline of a pond or lake at intervals of not more than 200 yards apart.

(2) The owner or lessee of the property may place identifying purple paint marks on trees or posts around the area to be posted. Each paint mark shall be a vertical line of at least eight inches in length, and the bottom of the mark shall be no less than three feet nor more than five feet from the base of the tree or post. The paint marks shall be placed no more than 100 yards apart and shall be readily visible to any person approaching the property. For the purpose of prohibiting fishing, or the taking of fish by any means, in any stream, lake, or pond, it shall only be necessary that the paint marks be placed along the stream or shoreline of a pond or lake at intervals of not more than 100 yards apart. (1949, c. 887, s. 2; 1953, c. 1226; 1965, c. 923; 1975, c. 280, ss. 2, 3; 1979, c. 830, s. 11; 2011-231, s. 2.)



§ 14-159.8. Mutilation, etc., of "posted" signs; posting signs without consent of owner or agent.

Any person who shall mutilate, destroy or take down any "posted," "no hunting" or similar notice, sign or poster on the lands, waters, or legally established waterfowl blind of another, or who shall post such sign or poster on the lands, waters or legally established waterfowl blind of another, without the consent of the owner or his agent, shall be deemed guilty of a Class 3 misdemeanor and only punished by a fine of not more than one hundred dollars ($100.00). (1949, c. 887, s. 3; 1953, c. 1226; 1969, c. 51; 1979, c. 830, s. 11; 1993, c. 539, s. 100; 1994, Ex. Sess., c. 24, s. 14(c).)



§ 14-159.9. Entrance on navigable waters, etc., for purpose of fishing, hunting or trapping not prohibited.

Nothing in this Article shall be construed to prohibit the entrance of any person upon navigable waters and the bays and sounds adjoining such waters for the purpose of fishing, hunting or trapping. (1949, c. 887, s. 4; 1953, c. 1226; 1979, c. 830, s. 11.)



§ 14-159.10. Enforcement of Article.

This Article may be enforced by sheriffs or deputy sheriffs, law enforcement officers of the Wildlife Resources Commission, and other peace officers with general subject matter jurisdiction. (1979, c. 830, s. 11; 2011-231, s. 3.)
 
cont.
GS 14-159.11 through 14-159.13

Again, the law is very simple and straightforward. First degree trespassing is committed by entering or remaining on property that is enclosed or clearly demonstrates an intent to keep out intruders, or entering or remaining in someone else's building. Second degree trespass is committed by entering or remaining on the premises of another after being told to leave or if the property is posted.

In other words, if you have unposted land and you have not told someone to leave, THEY ARE NOT LEGALLY GUILTY OF TRESPASSING.
§ 14-159.11. Definition.

As used in this Article, "building" means any structure or part of a structure, other than a conveyance, enclosed so as to permit reasonable entry only through a door and roofed to protect it from the elements. (1987, c. 700, s. 1.)



§ 14-159.12. First degree trespass.

(a) Offense. - A person commits the offense of first degree trespass if, without authorization, he enters or remains:

(1) On premises of another so enclosed or secured as to demonstrate clearly an intent to keep out intruders; or

(2) In a building of another.

(b) Except as otherwise provided in subsection (c), (d), or (f) of this section, first degree trespass is a Class 2 misdemeanor.

(c) Except as otherwise provided in subsection (d) of this section, a violation of subsection (a) of this section is a Class A1 misdemeanor if all of the following circumstances exist:

(1) The offense is committed on the premises of any of the following:

a. A facility that is owned or operated by an electric power supplier as defined in G.S. 62-133.8(a)(3) and that is either an electric generation facility, a transmission substation, a transmission switching station, a transmission switching structure, or a control center used to manage transmission operations or electrical power generating at multiple plant locations.

b. Any facility used or available for use in the collection, treatment, testing, storing, pumping, or distribution of water for a public water system.

c. Any facility, including any liquefied natural gas storage facility or propane air facility, that is owned or operated by a natural gas local distribution company, natural gas pipeline carrier operating under a certificate of public convenience and necessity from the Utilities Commission, municipal corporation operating a municipally owned gas distribution system, or regional natural gas district organized and operated pursuant to Article 28 of Chapter 160A of the General Statutes used for transmission, distribution, measurement, testing, regulating, compression, control, or storage of natural gas.

d. Any facility used or operated for agricultural activities, as that term is defined in G.S. 106-581.1.

(2) The person actually entered a building, or it was necessary for the person to climb over, go under, or otherwise surmount a fence or other barrier to reach the facility.

(d) If, in addition to the circumstances set out in subsection (c) of this section, the violation also includes any of the following elements, then the offense is a Class H felony:

(1) The offense is committed with the intent to disrupt the normal operation of any of the facilities described in subdivision (1) of subsection (c) of this section.

(2) The offense involves an act that places either the offender or others on the premises at risk of serious bodily injury.

(e) As used in subsections (c) and (d) of this section, the term "facility" shall mean a building or other infrastructure.

(f) A violation of subsection (a) of this section is a Class I felony and shall include a fine of not less than one thousand dollars ($1,000) for each violation, if any of the following circumstances exist:

(1) The offense occurs on real property where the person has reentered after having previously been removed pursuant to the execution of a valid order or writ for possession.

(2) The offense occurs under color of title where the person has knowingly created or provided materially false evidence of an ownership or possessory interest. (1987, c. 700, s. 1; 1993, c. 539, s. 101; 1994, Ex. Sess., c. 24, s. 14(c); 2012-168, s. 1; 2014-103, s. 10(a); 2016-26, s. 1.)



§ 14-159.13. Second degree trespass.

(a) Offense. - A person commits the offense of second degree trespass if, without authorization, he enters or remains on premises of another:

(1) After he has been notified not to enter or remain there by the owner, by a person in charge of the premises, by a lawful occupant, or by another authorized person; or

(2) That are posted, in a manner reasonably likely to come to the attention of intruders, with notice not to enter the premises.

(b) Classification. - Second degree trespass is a Class 3 misdemeanor. (1987, c. 700, s. 1; 1993, c. 539, s. 102; 1994, Ex. Sess., c. 24, s. 14(c).)
 
cont.
GS 38A-1 through 38A-4

This section deals with landowner liability. If a landowner does not charge a fee for someone to use their property for recreational or educational purposes, they only owe the permittee or invitee the same duty of care that is owed to a trespasser (which is covered next). This is a very important statute to keep in mind if you are trying to get hunting permissions. Even without a legal document, the landowner is not liable for harm that you bring on yourself if they allow you to hunt without charging anything.

§ 38A-1. Purpose.

The purpose of this Chapter is to encourage owners of land to make land and water areas available to the public at no cost for educational and recreational purposes by limiting the liability of the owner to persons entering the land for those purposes. (1995, c. 308, s. 1.)



§ 38A-2. Definitions.

The following definitions shall apply throughout this Chapter, unless otherwise specified:

(1) "Charge" means a price or fee asked for services, entertainment, recreation performed, or products offered for sale on land or in return for an invitation or permission to enter upon land, except as otherwise excluded in this Chapter.

(2) "Educational purpose" means any activity undertaken as part of a formal or informal educational program, and viewing historical, natural, archaeological, or scientific sites.

(3) "Land" means real property, land, and water, but does not mean a dwelling and the property immediately adjacent to and surrounding such dwelling that is generally used for activities associated with occupancy of the dwelling as a living space.

(4) "Owner" means any individual or nongovernmental legal entity that has any fee, leasehold interest, or legal possession, and any employee or agent of such individual or nongovernmental legal entity.

(5) "Recreational purpose" means any activity undertaken for recreation, exercise, education, relaxation, refreshment, diversion, or pleasure or sport, including equestrian recreation as defined in G.S. 99E-1. (1995, c. 308, s. 1; 2013-265, s. 3.1.)



§ 38A-3. Exclusions.

For purposes of this Chapter, the term "charge" does not include:

(1) Any contribution in kind, services or cash contributed by a person, legal entity, nonprofit organization, or governmental entity other than the owner, whether or not sanctioned or solicited by the owner, the purpose of which is to (i) remedy damage to land caused by educational or recreational use; (ii) provide warning of hazards on, or remove hazards from, land used for educational or recreational purposes; or (iii) pay expenses related to the use of land for a recreational or educational purpose.

(2) Unless otherwise agreed in writing or otherwise provided by the State or federal tax codes, any property tax abatement or relief received by the owner from the State or local taxing authority in exchange for the owner's agreement to open the land for educational or recreational purposes.

(3) Dues or fees charged by an individual, group, club, partnership, corporation, or governmental entity sponsoring the educational or recreational use when (i) the sponsor is operating as a nonprofit or in a nonprofit capacity and (ii) the dues or fees are used to pay expenses relating to the educational or recreational use or to raise funds to support the sponsor's mission. (1995, c. 308, s. 1; 2013-265, s. 3.4.)



§ 38A-4. Limitation of liability.

(a) Except as specifically recognized by or provided for in this Chapter, an owner of land who either directly or indirectly invites or permits without charge any person to use such land for educational or recreational purposes owes the person the same duty of care that he owes a trespasser, except nothing in this Chapter shall be construed to limit or nullify the doctrine of attractive nuisance and the owner shall inform direct invitees of artificial or unusual hazards of which the owner has actual knowledge. This section does not apply to an owner who invites or permits any person to use land for a purpose for which the land is regularly used and for which a price or fee is usually charged even if it is not charged in that instance, or to an owner whose purpose in extending an invitation or granting permission is to promote a commercial enterprise.

(b) Nothing in this section shall be construed to conflict with or render ineffectual a liability release, indemnification, assumption, or acknowledgment of risk agreement between the landowner and a person who uses the land for educational or recreational purposes. (1995, c. 308, s. 1; 2013-265, s. 3.5.)
 
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