Respect private property! Trespassing, mischief, and vandalism.

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.
 
Someone whose instinct is to destroy something on property they do not own should not get the benefit of the doubt.


That being said - the person putting the blockage etc up needs to know 100% they're in the right
 
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.
 
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.

I don't think that's right? From what I can see in BC it must be "enclosed lands" for it to be trespassing?

"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;
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?
 
So my experience with the police is that they will politely answer anything you ask, but as soon as you leave they will go back to talking about the Leafs game (for instance).

I've had EVERY bad experience with the Cops work out that way. Complete lack of give a #### is my experience. This with personal property damage, theft etc...

As to experience from scumbag thieves at work sites, same thing. Our company even had security/video cameras at a storage site. Guys came in and loaded BIG$$$$ dollars of stainless pipe all on camera.
That info was all given to the RCMP who immediately said they couldn't do anything with it.

It's really just a joke how the RCMP operate (in Alberta anyway). Just rolling tax collectors really.
 
I had a neighbor come onto my property and steal a game camera and salt lick ( he thought it was on his property as we shared a bush lot and he was an anti hunter). Spoke to his wife who denied it so I filed a report at the OPP station incase I had future problems. The officer I spoke to actually went to the guys house got my property back and warned him for trespassing and theft. I didn't expect the police to do anything and just wanted a report on file incase I ended up in an altercation with my neighbor later. Mind you he was an old school copper in his 50s and I suspect a hunter.
 
^ I had a Stihl chainsaw stolen from me and it ended up on Kijiji for sale.
The thief was very well known to the cops.
They went to his house.
He said, "I don't got it..."
They left and just informed me of their 'effort' in recovering my chainsaw. "The guys says he doesn't have it..."

I tell you this, if that chainsaw had been stolen from one of the local RCMP officers (or any of their other cop buddies) they would not have simply accepted the guys bull#### story. They would have recovered the chainsaw. But I'm general public stupid pee-on civilian, so they don't care.

So I have basically no respect for the RCMP... they've never helped me in any situation I've had with property damage or theft. In our town all they do is roll around looking for seat belt infractions, rolling stops, 5 km over the speed limit etc... rolling tax collectors.

And I had a buddy who became a cop.

And the story I heard through him is the cynacism that comes from being a police officer, after awhile the police outlook is this: you are either a cop or you are an ####### is how they view the general public.
 
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?

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.
 
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.

I am thinking he was admiring the chain, good chain is not cheap.
I don't think confronting him in person would be a good move.
 
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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?
 
That is really a silly question, you know where your property is , maybe not?


I put private property signs, and a heavy chain across the trail leading into my property,
His words, not mine. He doesn't specify that the chain and signs are actually on his property.

I know Daver is a pretty smart guy; but the world is full of absolute F'ing morons that would do something like chain off an area that wasn't theirs (or question a question about it......)
 
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 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.
 
Glad you reported it but as someone who has to deal with theft multiple times a year (fuel atleast twice this year and a different crew blazing a highway through my forest for their wagons to carry out tools and copper they cut off machines) get more cameras up. Get a cell service camera like a spypoint or something. They do still glow a little red light at night so they will be seen and probably stolen, but they will still send you the photos of them stealing it.

As someone who gets stolen from, from the evidence you posted of him carrying the lead of the chain to his truck and the tire slide marks from spinning the tires in one spot, it seems very clear to me that it is an attempted break and enter.
And if there is anything I have learned from thieves, it is this: they will ALWAYS come back! It is not if, it is when.
The second hit is almost always within a week or 2. Then they dont come back for a while to let the heat cool.
 
I am thinking he was admiring the chain, good chain is not cheap.
I was thinking the same thing, holy s**t that's a nice hunk of chain.

Some lowlife with a chainsaw will cut down the trees and swipe that chain, may be best to replace it with a length of suitable wire rope, crimp sleeves & padlocks so they are not temped to steal the chain.
Make the wire rope visible with orange spray paint, flagging, sign hanging in the middle of it, whatever, so some twit doesn't drive into it with truck/quad and end up suing you.

Fricking maddening the lengths a person has to go through to guard what's yours from scum, because as Demonical says, you are probably on your own and most cops won't care less about it until an entire cabin is burned to the ground.
 
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!

It's quite the stretch comparing damaging/stealing a vehicle to some guy leaving ruts in some dirt to try and gain access to land.

I would say you're completely naive in regards to how police actually handle stuff like this and the possible repercussions the landowner might face for having someone charged for practically doing nothing. He'd never be able to leave anything on that property as the guy would likely try to get even despite the fact he is in the wrong. Only next time he'd know to cover his face and not go through the main gate....he knows there's cameras there.

What should happen (what you describe) and what actually happens (what I describe) are two completely different things.
 
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.



Yes, it appears I was talking outta my arse!

And it baffles the hells outta me, why I was so certain. Dunno. Not that it changes anything for us here, with both signs and fencing.

I feel dumber now! LOL! :) Deservedly, for sure!
 
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