Boundary Posting and 3rd Party Trespass
A common challenge for landowners and land trusts alike is trespassing by third parties. If a property is not adequately marked, it’s more difficult to protect against 3rd party trespass and other encroachment issues — such as timber theft, poaching, unauthorized ATV use, etc. Such activities can negatively impact a property’s conservation values.
Posting property lines, especially in accordance with North Carolina’s Landowner Protection Act (LPA), can offer protection from trespassing. The LPA, which clarifies some of the common hunting and recreational trespass issues landowners encounter, provides two ways for landholders to post their lands to allow only hunters, trappers and anglers with written permission to legally enter their property: signs and purple paint. Click here for details on how to post a property in accordance with the LPA.
Other important trespassing facts and laws relevant to landowners include:
- No one can operate a motorized all-terrain-vehicle on another’s property without written permission from the landowner (see G.S. 14-159.3(a)(1)).
- It is illegal (Class 3 misdemeanor) to destroy or mutilate any “posted” or “no hunting” or similar signs on the land of another, or post similar signs on the land of another (see G.S. 14-159.8).
- It is considered second degree trespass (Class 3 misdemeanor) to remain on the premises of another without authorization after being told by an authorized party to leave (see G.S. 14-159.13).
- It is illegal to cut, injure or remove another’s timber (see G.S. 14-135), which could result in double damages (G.S.1-539.1), and larceny of goods such as timber is a Class H felony if the value of goods is greater than $1,000 (see G.S. 14-72).
If trespass is suspected, try contacting the Sheriff’s office or NC Wildlife Resources Commission law enforcement (contact information here). A provision of the LPA allows wildlife officers to enforce trespass laws immediately, instead of having to first obtain an arrest warrant or criminal summons.
SAHC stewardship staff is happy to help with posting boundaries. Contact your stewardship lead, Hanni or Sarah, for assistance.