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  1. #1

    Default Re: Wrongful Trespassing Accusations as Defamation or Harassment

    Quote Quoting silcott0351
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    "Dick" owns property that surrounds property that I have permission to hunt on.
    Just to be clear.....When you say "surrounds"...are you talking about Dick owning the property 360 degrees around the property in question, such that the property in question is completely engulfed on all sides by Dick's property? Or are you meaning that Dick's property only abutts against the property in question? In one case, you face issues of armed trespass if walking across Dick's property with a firearm. In the other case, official property records should provide you with a reasonable defense - and in THAT case, I'd be sure to keep a copy handy for any future encounters. Also couldn't hurt to give a copy to the law enforcement units who respond to that area - including faxing a copy to dispatch for "reference".


    Until yesterday I have never been charged
    Any idea about what was different yesterday from any of the prior times?

  2. #2
    Join Date
    Aug 2011
    Location
    Virginia
    Posts
    4

    Default Re: Wrongful Trespassing Accusations as Defamation or Harassment

    I am not the owner of the property, I have permission from the owner to hunt there, and I am trying to keep his life as quiet as possible so that I can continue to hunt there. Dick had his property surveyed and marked, but he left a void in his paper fence right in the middle where my property protruded out into his. He seems to be setting it up as a trap in my opinion. Two years ago when he had the survey done, my stands were on a tree that they marked as a boundary/corner. Dick came along and painted 3 lines on the tree, as a posted mark, while my stands were hanging on it, at eye level. My name and phone number was engraved on both, in plain sight. He could have easily called to tell me that my stands were on his property. Instead he waited until I was in one to call.

    The only difference about this time from the others is that this was a new deputy that was not familiar with the laws/codes. I had maps and measurements for proof to my location, he took Dick's word to be true. In Va you can not be charged with trespassing if it is accidental and there was no intent. Once the deputy left, he phoned the deputy that trained him, which is a very good friend of mine, and stated that, "He thought he made a mistake by writing me." My friend informed him that he had indead. It will all go well in court, I just want Dick to realize that I am not trying to be an a$$hole and an unethical hunter. I have tried my best to do everything right, from introducing myself to him the first day I hunted there, to spending hours at the courthouse and on the internet researching the lines of the property.

    Each time that a law enforcement official has been called, I have provided them with a copy of the property maps that I carry with me at all times. It was not necessary for the first incident because I had proof that I was at home when the call came in. Someone was in his field and he immediately assumed it was me.

    My land starts at the river bank, with about 300' of river frontage, so no, I am not completely surrounded by his property. I never have to go onto his property for any purpose.

    For those of you that have taken the time to respond with intelligent replies, thank you!

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