I think the onus is on the guy trying to tear off a chain blocking access to private property, to know what is private property and public property. He gets no benefit of the doubt.
Varies by Province. Here in BC the Trespass Act no longer requires any actions by the land owner, with regards to signage or fences, the sole responsibility is laid at the feet of the person who is going on to a piece of land, to know that they have permission, or are otherwise allowed to use that land. As the saying goes, "There's an APP, for that!".
As I have at times, pointed out VERY bluntly, to folks either trying to hunt, camp, steal firewood, or just go sightseeing, on our property, we put up signs, so even the stupid will know. Have involved the Police a half dozen or so times in the past ten years, and had dealings with the Provincial Mines Branch twice over two different wanna-be gold miners, one of whom had been building a holiday camp on our property, but who no longer had a Claim, the other who lost his Claim on our property, by his behavior.
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/18003"enclosed land" includes land that is
(a)surrounded by a lawful fence,
(b)surrounded by a natural boundary,
(c)surrounded by a lawful fence and a natural boundary, or
(d)posted, in accordance with section 4 (1) [methods of posting or giving notice], with signs prohibiting trespass;
I don't think that's right? From what I can see in BC it must be "enclosed lands" for it to be trespassing?
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/18003
From what I can see if there's no fence, no natural barrier, and it's not posted I can trespass until the landowner tells me to get off his property?
hey 0faustus0, out of curiosity, what was the damage?
In my case, the worst damage I got was some tire marks which are not a big deal... I've done worse on my trails...
and the potential theft of my chain... but a 3/8 chain on a 18" diameter tree... even a dodge ram isn't gonna move, so not sure what they might have been thinking.
Just a note. You say you put signs and a chain across the trail leading to your property.
Are you 100% sure your chain and signs are actually on your property? Is there a chance that there's some boundary or public access you don't know about, but buddy does?
That is really a silly question, you know where your property is , maybe not?
His words, not mine. He doesn't specify that the chain and signs are actually on his property.I put private property signs, and a heavy chain across the trail leading into my property,
The OP stated that the land was posted private property. As for natural barriers, if there weren't any, he would have just driven around the chain. And most important, you can't attempt to destroy/damage private property, be it posts, a gate, or a chain across the entrance.
I was thinking the same thing, holy s**t that's a nice hunk of chain.I am thinking he was admiring the chain, good chain is not cheap.
https://www.ontario.ca/page/request-driver-and-vehicle-information
MTO will provide you with the name of the most recent registered owner of a licence plate. I just did it for a similar situation. IIRC it'll cost you $18 and take 2-3 weeks. They provide the name only.....no address. You take it from there.
Sorry. Disagree entirely. The upside, is that the lower life forms start avoiding your area, and become better known to the Police!
If you are not going to respect your OWN property by protecting it and following up on someone's attempt to damage it, then you should pretty much just roll over and leave the gate unlocked!
Y'know, if you saw a guy trying to jimmy the door on your car in a parking lot, would you shrug and forget about it, just because he was too incompetent to get in? This is the same deal.
Follow up, and word soon gets around. Every A-hole that is left to walk away unbothered, is an A-hole that's not gonna change his habits!
I was responding to Trevj who in said in BC responsibility lies solely with the person accessing the land, and that the land owner has no obligations regarding fences or signage. From what I can see looking at the BC trespass act that is not the case.