NC, unauthorized tree stand on property

cont.
GS 38B-1 through 38B-4

This deals with the duty of care owed to a trespasser. A landowner MAY NOT intentionally harm or kill a trespasser, unless they have entered with the intent to commit a crime. A landowner also MAY NOT allow for a trespasser to suffer injury by willful or wanton conduct.
§ 38B-1. Title.

This Chapter may be cited as the Trespasser Responsibility Act. (2011-283, s. 3.2; 2011-317, s. 1.1.)



§ 38B-2. General rule.

A possessor of land, including an owner, lessee, or other occupant, does not owe a duty of care to a trespasser and is not subject to liability for any injury to a trespasser. (2011-283, s. 3.2; 2011-317, s. 1.1.)



§ 38B-3. Exceptions.

Notwithstanding G.S. 38B-2, a possessor of land may be subject to liability for physical injury or death to a trespasser in the following situations:

(1) Intentional harms. - A possessor may be subject to liability if the trespasser's bodily injury or death resulted from the possessor's willful or wanton conduct, or was intentionally caused by the possessor, except that a possessor may use reasonable force to repel a trespasser who has entered the land or a building with the intent to commit a crime.

(2) Harms to trespassing children caused by artificial condition. - A possessor may be subject to liability for bodily injury or death to a child trespasser resulting from an artificial condition on the land if all of the following apply:

a. The possessor knew or had reason to know that children were likely to trespass at the location of the condition.

b. The condition is one the possessor knew or reasonably should have known involved an unreasonable risk of serious bodily injury or death to such children.

c. The injured child did not discover the condition or realize the risk involved in the condition or in coming within the area made dangerous by it.

d. The utility to the possessor of maintaining the condition and the burden of eliminating the danger were slight as compared with the risk to the child involved.

e. The possessor failed to exercise reasonable care to eliminate the danger or otherwise protect the injured child.

(3) Position of peril. - A possessor may be subject to liability for physical injury or death to a trespasser if the possessor discovered the trespasser in a position of peril or helplessness on the property and failed to exercise ordinary care not to injure the trespasser. (2011-283, s. 3.2; 2011-317, s. 1.1.)



§ 38B-4. Definitions.

The following definitions shall apply in this Chapter:

(1) Child trespasser. - A trespasser who is less than 14 years of age or who has the level of mental development found in a person less than 14 years of age.

(2) Possessor. - A person in lawful possession of land, including an owner, lessee, or other occupant, or a person acting on behalf of such a lawful possessor of land.

(3) Trespasser. - A person who enters on the property of another without permission and without an invitation, express or implied. (2011-283, s. 3.2; 2011-317, s. 1.1.)
Click to expand...

This the state law. Obviously there are county ordinances that also govern trespassing, the most common ones being required permission. However, if you are not in a county which requires permission to be on someone else's land, you don't have much legal recourse if your land is not posted and you have not told someone to leave.

Okay, so it ended up being 4 posts. Sorry to take up so much room.
 
What I take away from this thread, is that those who often profess themselves as good Christians are just itching to forget all that pretty much with the drop of a dime.
Someone wanders 10 yards onto their property and they're ready to shoot/kill/take their equipment and have them arrested. I don't seem to remember Jesus doing anything like that even on a bad day.
So....do what you want. Kill them, smugly profess your holy Christain-ness, or do both at the same time. It's not me you have to answer to for it.
 
Friday said:
What I take away from this thread, is that those who often profess themselves as good Christians are just itching to forget all that pretty much with the drop of a dime.
Someone wanders 10 yards onto their property and they're ready to shoot/kill/take their equipment and have them arrested. I don't seem to remember Jesus doing anything like that even on a bad day.
So....do what you want. Kill them, smugly profess your holy Christain-ness, or do both at the same time. It's not me you have to answer to for it.
Click to expand...

Well in the defense of the take the offensive crowd, Jesus never likely deer hunted, owned properrty or had to deal with redneck trespassers. :D
 
Last edited:
CZfool68 said:
Well in the defense of the take the offensive crowd, Jesus never likely deer hinted, owned properrty or had to deal with redneck trespassers. :D
Click to expand...
Right. There was too much at stake
 
Friday said:
What I take away from this thread, is that those who often profess themselves as good Christians are just itching to forget all that pretty much with the drop of a dime.
Someone wanders 10 yards onto their property and they're ready to shoot/kill/take their equipment and have them arrested. I don't seem to remember Jesus doing anything like that even on a bad day.
So....do what you want. Kill them, smugly profess your holy Christain-ness, or do both at the same time. It's not me you have to answer to for it.
Click to expand...

There’s a reason people place such an emphasis on personal property. It’s why cattle rustlers and horse thieves used to be hanged. You steal a man’s hard work, you steal food off his plate. If he can’t sell or breed his cattle, if he can’t ride his horse and cowboy work, he and his family starved.

If someone is illegally harvesting deer and potentially disrupting the deer population, that could be the way that landowner feeds his family the rest of the year.

You can look at it from whatever perspective you want, but this is how I view thievery. And illegally harvesting game on someone’s property IS theft, and it’s stealing more than just an animal.
 
So, three of us are out at my range getting organized to make some noise around 2:30. We hear voices and one of us can see people moving around directly in what will be the line of fire. I yell out and somebody answers back, “Which way will you be shooting”. I respond “Directly at you”.

We wait a while while they obviously continue spreading corn ON MY PROPERTY and finally pack up and leave thru my neighbor’s driveway. After shooting, I wander into the woods and 95% of the corn they dropped is ABSOLUTELY on my land...some of it 40 or 50 feet inside the line (and the same distance past the purple trees). This confirms what I suspected. Even if the stand is barely on my neighbor’s property, it is oriented with the intention to hunt on mine. :mad:
 
Last edited:
Jeppo said:
So, three of us are out at my range getting organized to make some noise around 2:30. We hear voices and one of us can see people moving around directly in what will be the line of fire. I yell out and somebody answers back, “Which way will you be shooting”. I respond “Directly at you”.

We wait a while while they obviously continue spreading corn ON MY PROPERTY and finally pack up and leave thru my neighbor’s driveway. After shooting, I wander into the woods and 95% of the corn they dropped is ABSOLUTELY on my land...some of it 40 or 50 feet inside the line (and the same distance past the purple trees). This confirms what I suspected. Even if the stand is barely on my neighbor’s property, it is oriented with the intention to hunt on mine. :mad:
Click to expand...
Crush mothballs and spread it on your property across their corn.
They won't get a damn thing :D
 
Last edited:
I'm pretty sure that to be tresspassing one has to be on property that's posted OR on which one has been told to leave.
 
Jeppo said:
So, three of us are out at my range getting organized to make some noise around 2:30. We hear voices and one of us can see people moving around directly in what will be the line of fire. I yell out and somebody answers back, “Which way will you be shooting”. I respond “Directly at you”.

We wait a while while they obviously continue spreading corn ON MY PROPERTY and finally pack up and leave thru my neighbor’s driveway. After shooting, I wander into the woods and 95% of the corn they dropped is ABSOLUTELY on my land...some of it 40 or 50 feet inside the line (and the same distance past the purple trees). This confirms what I suspected. Even if the stand is barely on my neighbor’s property, it is oriented with the intention to hunt on mine. :mad:
Click to expand...

May have permission to hunt over your corn?
 
Other than posting all road entrances to the land with no trespassing signs, what else has to be done in order to consider the land to be “posted” in accordance with NC law?
 
Jeppo said:
So, three of us are out at my range getting organized to make some noise around 2:30. We hear voices and one of us can see people moving around directly in what will be the line of fire. I yell out and somebody answers back, “Which way will you be shooting”. I respond “Directly at you”.

We wait a while while they obviously continue spreading corn ON MY PROPERTY and finally pack up and leave thru my neighbor’s driveway. After shooting, I wander into the woods and 95% of the corn they dropped is ABSOLUTELY on my land...some of it 40 or 50 feet inside the line (and the same distance past the purple trees). This confirms what I suspected. Even if the stand is barely on my neighbor’s property, it is oriented with the intention to hunt on mine. :mad:
Click to expand...

But seriously, assuming you are a ways from an outlet, take your portable generator and a shop vac out there and suck up the corn. I can use it at my place.
 
Scsmith42 said:
Other than posting all road entrances to the land with no trespassing signs, what else has to be done in order to consider the land to be “posted” in accordance with NC law?
Click to expand...
https://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_14/Article_22A.pdf

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
 
Talked to my new neighbors on the land I purchased this fall. Some rabbit hunters just ran their dogs all over that land for past few years, without permission.
Needless to say, my property is properly posted AND painted, and if I see or hear dogs running on my property, they will be caught and we'll have a nice little discussion with the WRC senior officer that lives about 5 doors down. Nip that sh!t in the bud the first time, and there won't need to be a next time.
 
draco88 said:
Crush mothballs and spread it on your property across their corn.
They won't get a damn thing :D
Click to expand...

That's true!

Also, collect some road kill deer, gut it and leave the carcass on that corn pile... the coyotes will keep the deer away for a while.
 
Ikarus1 said:
...and we'll have a nice little discussion with the WRC senior officer that lives about 5 doors down. Nip that sh!t in the bud the first time, and there won't need to be a next time.
Click to expand...
I'm tellin' ya'll, if you get the Wildlife folks involved, you will think the Navy Seals are on the job!

They will sneak in and catch someone in the act using tactics that will amaze you!
 
MacEntyre said:
That's true!

Also, collect some road kill deer, gut it and leave the carcass on that corn pile... the coyotes will keep the deer away for a while.
Click to expand...

Hadn't considered the roadkill/coyote option.
Thats legit....and I get coyote pelts, too lol
 
JohnFreeman said:
I'm pretty sure that to be tresspassing one has to be on property that's posted OR on which one has been told to leave.
Click to expand...
Have a look at the photo in post 94. They pretty much had to carry their corn past that tree that was “purpled” last Thursday.
 
MacEntyre said:
I'm tellin' ya'll, if you get the Wildlife folks involved, you will think the Navy Seals are on the job!

They will sneak in and catch someone in the act using tactics that will amaze you!
Click to expand...
Calling at 9:05 tomorrow morning.
 
Ikarus1 said:
https://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_14/Article_22A.pdf

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
Click to expand...

I often struggle to read and understand written law. What I see here is the word "may" but nothing that says the owner "has to" or is "required to" do to meet the requirements for a posted piece of property.

Am I missing something?

.
 
Gator said:
I often struggle to read and understand written law. What I see here is the word "may" but nothing that says the owner "has to" or is "required to" do to meet the requirements for a posted piece of property.

Am I missing something?

.
Click to expand...
I believe it is worded with "may" to state you don't have to post it, but you are likely not afforded any protections without it being posted.
 
MacEntyre said:
That's true!

Also, collect some road kill deer, gut it and leave the carcass on that corn pile... the coyotes will keep the deer away for a while.
Click to expand...

I have had problems with this jerk who wanted to run dogs on his aunt's 35 acres located near us. I do not shoot dogs with collars, but several of my neighbors are not quite as constrained as I am. I think his pack of hounds was eliminated fairly quickly. He then took to hunting on other peoples' land , mine included. He had a tree stand about a foot from a blazed line tree with a big posted sign on it. He tore down the sign so he could claim the land was not posted. He then cut a firing lane through some young pines in a recent cutover to the edge of one of my fields and made a corn pile. I soon found the corn pile and accidently had a diesel fuel spill on top of it. That spot also became my dumping site for deer carcasses after they had been butchered. I did put up another posted sign, but he tore it down.

Game wardens can certainly be your friend. Let them confront the intruders so the maggots get mad at them instead of you. I had a warden ticket a fellow on my posted land without me even being there. Angry trespassers have been known in my neck of the woods to sneak back in and set the woods on fire as retaliation for being kicked off posted land.
 
Charlie said:
He tore down the sign so he could claim the land was not posted. He then cut a firing lane through some young pines in a recent cutover to the edge of one of my fields and made a corn pile. I soon found the corn pile and accidently had a diesel fuel spill on top of it. That spot also became my dumping site for deer carcasses after they had been butchered. I did put up another posted sign, but he tore it down.
Click to expand...

awfully hard to tear down purple painted trees every 20 ft (which is what I do...) which is the whole idea behind the paint.

And an SOB that sets fires intentional is likely gonna get his ass shot since that is a serious felony (arson/possible attempted murder). Ask people in California and/or Gatlinburg TN
 
Last edited:
Ikarus1 said:
awfully hard to tear down purple painted trees every 20 ft (which is what I do...) which is the whole idea behind the paint.

And an SOB that sets fires intentional is likely gonna get his ass shot since that is a serious felony (arson/possible attempted murder). Ask people in California and/or Gatlinburg TN
Click to expand...
This particular episode was before the purple paint became a way to post land. That tree has plenty of purple on it now.

You first have to catch the firebug before you can do much about it. That could be very hard to do even if you think you know who it is.

I heard that they dropped the charges against the kids who started the Chimney Tops fire.
 
Could put a couple coyote calls way up in nearby trees.

I would never waste antisieze, but a little of it where they might put hands or feet would end up on everything in short order. Of course an evil person would rub everything with poison ivy for a longer lasting solution.

I’ve also been known to launch parachute flairs in folks general direction, although stomping through the woods with spotlights would be as effective.

It would be kinda funny to put up a barbed wire fence around the tree and mark it no trespassing. Just a 10’ circle around the tree with their stand in it.

Letting the game warden handle it would probably be best, just throwing out silly ideas.
 
"911 what's your emergency?"

"I have made a citizen's arrest in the woods on my property. I'm holding an arsonist."

"I'll dispatch a Deputy. What's your location?"

"I'm at..."

"Where on the property are you?"

"We're right next to a big pile o' brush that's on fire... ya can't miss it. Better send a fire truck too!"
 
Jeppo said:
Have a look at the photo in post 94. They pretty much had to carry their corn past that tree that was “purpled” last Thursday.
Click to expand...

I'm with you...was commenting on another post discussion the definition of trespassing.

I'd be pissed if someone was misusing my property too
 
JohnFreeman said:
I'd be pissed if someone was misusing my property too
Click to expand...
The most incredible thing is where they were dropping the corn. When I got out there, I could see most of it was immediately behind my AR500 array. If we hadn't heard them, it might have ended VERY badly. :mad:
 
MostWanted said:
You have to take the hunter safety course before you can get a hunting license, and the purple thing is part of the course. So no hunter should be able to claim purple ignorance.
Click to expand...
I nor my sons have taken a hunter safety course, once you have a license, you don't need a course to get your next one. I found out about the purple after seeing it a lot, then looking it up a few years ago. It's also in Lowe's, Home Depot, Ace Hardware, Agri-Supply, Tractor Supply, etc aisles for property marking.
 
MacEntyre said:
I'm tellin' ya'll, if you get the Wildlife folks involved, you will think the Navy Seals are on the job!

They will sneak in and catch someone in the act using tactics that will amaze you!
Click to expand...
Spoke with a guy today who sounded like he’s highly motivated to delve into this. Sent him photos and locations. Let’s see what happens next.
 
Can’t believe this is still being discussed.

Contact said individuals and ask them to remove by such/such date. If not removed, it becomes removed.

Seems simple.

Your land, your responsibility.
 
Tailhunter said:
Can’t believe this is still being discussed.

Contact said individuals and ask them to remove by such/such date. If not removed, it becomes removed.

Seems simple.

Your land, your responsibility.
Click to expand...
 
Pink_Vapor said:
I nor my sons have taken a hunter safety course, once you have a license, you don't need a course to get your next one. I found out about the purple after seeing it a lot, then looking it up a few years ago. It's also in Lowe's, Home Depot, Ace Hardware, Agri-Supply, Tractor Supply, etc aisles for property marking.
Click to expand...

Please take a course. It’s free and you will learn stuff


Sent from my iPhone using Tapatalk
 
Jeppo said:
The most incredible thing is where they were dropping the corn. When I got out there, I could see most of it was immediately behind my AR500 array. If we hadn't heard them, it might have ended VERY badly. :mad:
Click to expand...

Darwin will always win in the end


Sent from my iPhone using Tapatalk
 
Slightly off topic, my coworker has family acreage out in Buncombe County where armed hunters with their dogs
enter the property that is posted and painted chasing bears without permission.

I did not see anything during my search on the nc wildlife pages.

She says there is nothing she can do about this because they are chasing the bear, is she correct or not?
 
You must log in or register to reply here.
Back
Top Bottom