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Trespass may be easier to forgive than forget

January 23, 2008 by Curtis Seltzer · Leave a Comment 

Trespass may be easier to forgive than forgetOne right that every owner holds in real estate is the expectation of privacy.

You can generally keep others from entering and using your property–but not always.

In rural areas, trespass is usually someone either taking a shortcut over someone else or using another’s property for recreation, like hunting or ATVing. 

Country-property owners normally find one of three types of trespassers: those who feel they have a right to be on your land even though they know they don’t; those who know better but trespass anyway; and those who actually do have a legal right to be there.

Each state defines trespass. (State codes are at http://law.justia.com/; case law interprets these statutes.) It’s generally understood to mean entering on or using land without the owner’s consent. Read more »

17 Tips for Making Your Country Place Safer

November 27, 2007 by Curtis Seltzer · Leave a Comment 

In most rural areas, rates for most crimes are far lower than most urban and suburban communities.

But rural crime rates have been significant or on the rise for certain types of lawbreaking, such as driving under the influence, burglary and larceny theft, according to the FBI’s recent Uniform Crime Reports and the Justice Department’s National Crime Victimization Survey.

Between one third and one half of all agricultural operations experience a crime each year, typically theft of livestock, equipment, fuel, supplies, household items or timber.

Hunting camps and vacation homes are easily robbed. Firearms, alcohol and readily sold consumer items are typically the preferred plunder.

Vandalism-taking batting practice against roadside mailboxes and teenagers shooting paintballs…at cows-has occurred in my mountain county of 2,500 full-time residents, one usually blinking light and two lawyers, one of whom is both my wife and our newly elected local prosecutor.

Crime victims in law-abiding rural areas are unsettled by the smallest violation. When a tractor’s gas tank gets siphoned at night, it’s not the money, it’s the breaking of the community’s cultural norm that surprises and disappoints.

Full-time country residents and second-home owners can take steps to reduce the likelihood of having their property stolen. Read more »

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