Results 1 to 9 of 9
  1. #1
    Join Date
    Apr 2012
    Posts
    3

    Default Trespassing on a Private Lake

    My question involves real estate located in the State of: texas

    It is divided up by 20 shareholders and I an one. Heavy steel locked gate, property clearly marked private. They have stolen thing s and shot several boats up. Last week I ran a group off by shooting in the air. But I won't shoot anyone unless they are trespassing with gun in hand. I'm not trying to be the aggressor, but it needs to stop. They have cut a trail beside the gate to drive trucks in. can I lay spikes there on our side of the fence? I'm just not sure what I can and can't do and don't wanna find out the hats way. Any ideas?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,006

    Default Re: Trespassing on Our Private Lake

    Who are "they"? Are we talking about specific, known individuals or random, unidentified strangers?

    What position(s) are the other shareholders taking?

  3. #3

    Default Re: Trespassing on Our Private Lake

    Crimes need to be dealt with by law enforcement. If you're not calling 911 each time, and you end up taking "steps" that a jury will see as "self help", you are likely to be very unhappy with the outcome. Also, firing shots, whether into the air or not, could ALSO see charges levied against you. Shots and people don't mix, whether you are aiming at them or not - when you create fear with a firearm, especially with a shot fired, felony charges are possible. If you're having repeat issues of unlawful trespass, you need to be working with POLICE. You won't feel better when you're in the police car behind the trespassers on the way to the holding cell next to them.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

  4. #4
    Join Date
    Apr 2012
    Posts
    3

    Default Re: Trespassing on Our Private Lake

    I talked to the sheriff after this incident. the closest house is over 5 miles away, he said I didn't do anything wrong. there are no police in the area to handle it because this place is in the middle of nowhere. The other shareholders feel the same way. The sheriff said to basically detain anyone caught trespassing until he can get out there he said not to shoot unless they have gun in hand. what about using spikes to stop then from driving in? I wouldn't be this aggressive if I wasn't having fix my boat once a week.

    It's different in Texas. We have castle law. When somebody is on your property you have every right to open fire, whether to scare them or to kill.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,006

    Default Re: Trespassing on Our Private Lake

    At risk of repeating myself, Who are "they"? Are we talking about specific, known individuals or random, unidentified strangers?

  6. #6
    Join Date
    Apr 2012
    Posts
    3

    Default Re: Trespassing on Our Private Lake

    Unknown, otherwise I would have called sheriff and have him names

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,006

    Default Re: Trespassing on Our Private Lake

    That makes things more difficult. Have you considered some strategically placed trail cameras, that might help you document who these people are for the purpose of either trying to have them prosecuted or seeking civil remedies?

  8. #8
    Join Date
    Jan 2006
    Posts
    27,914

    Default Re: Trespassing on Our Private Lake

    Quote Quoting Early93
    View Post
    It's different in Texas. We have castle law. When somebody is on your property you have every right to open fire, whether to scare them or to kill.
    Um, no, it doesn't work like that. It takes more than them being on your property. Heck, if it was that simple, I suspect there would be a lot fewer of those church folks wandering about knocking on everybody's door.

    stakes to pop tires: only if you want to be sued, especially if somebody gets hurt.


    fence the area beside the gate

    dig a deep trench on either side of the gate

  9. #9

    Default Re: Trespassing on Our Private Lake

    You seem to have extended the Castle Doctrine (which we have in Florida too, even broader than TX) to include property. It doesn't. It applies in your HOME. Your RESIDENCE. You don't get to start firing at people for simply being on your property. Ask your local law enforcement to explain it to you BEFORE you put them in a position where your arrest would be imminent.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

    1. Sponsored Links
       

Similar Threads

  1. Use and Enforcement: Building on a Lake Right of Way
    By mumfifty in forum Easement and Right of Way Law
    Replies: 2
    Last Post: 08-30-2011, 04:42 PM
  2. Homeowners Associations: HOA Restrictions on a Private Lake
    By erbusch in forum Ownership and Title
    Replies: 3
    Last Post: 07-13-2011, 09:44 PM
  3. R.O.W to Lake Denied
    By aphid in forum Easement and Right of Way Law
    Replies: 1
    Last Post: 09-07-2008, 10:46 AM
  4. Dam on a Lake in Pennsylvania
    By gmonte in forum Land Use Regulation
    Replies: 1
    Last Post: 08-26-2008, 05:24 AM
  5. Trespassing on a Private Road
    By jashley in forum Easement and Right of Way Law
    Replies: 1
    Last Post: 10-15-2007, 05:46 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Real Estate Forms
Real estate forms and contracts, state specific, immediate download.




Untitled Document