I was hunting on a an acquaintances property. I was given verbal permission. This property is landlocked by a railroad so the only access is along the railroad right of way.
I parked on the side of the railroad about 10 feet from the tracks.
I was charged with NJ 2C:18-3b ( defiant trespass ) by a local police officer who drove down the right of way to confront me.
IMO, the railroad split this property many years ago and a reasonable person would conclude that since they did not make a crossing for the landowner, and they did not take the entire property, that the landowner would have access along the railroad right of way ( assuming that it was safe ).
I have since obtained written permission.
There are no signs against trespass or any fencing, at least not along this section of railway.
I have pictures showing the access area and clearly there are no signs.
Since I believe that I had permission to be there, and there are no signs visible, what do you think will be the outcome of the court case?
I don't know what describes a legal POSTING in New Jersey??
thank you in advance.
The Statute is below:
b. Defiant trespasser. A person commits a petty disorderly persons offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:
(1) Actual communication to the actor; or
(2) Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or
(3) Fencing or other enclosure manifestly designed to exclude intruders.

