Re: [Paddlewise] Sea Kayakers Behavior/Trespassing

|I think there are degrees of behavior.  My advice of the need of
|commando camping was toward being unobtrusive and only when you have
|little choice in a long-range paddling situation.

|BTW, on the question of asking permission, I made a distinction in the
|book between asking permission to camp of a property owner in a remote
|area (my suggestion is always ask in such a situation) and in a
|populated area (my suggestion is not ask).  I was thinking of vacation
|home people mainly in the latter.  A farmer in a remote place will
|almost always say yes.  A vacation home owner is more resentfully
|guarding of his property and will likely say no and call the sheriff or
|make a citizen's arrest.


Hmmm.  By and large I think I aggree with what you saying.  I don't like
the idea of commando camping at all but I understand the problem.

I'll give my viewpoint as a landowner who is currently facing a similar
problem with trespassers.

My wifey and I just bought some land that is somewhat out in the country.
The property is in the planning zone of a small town and our property
ajoins a subdivision.  It took us three years of looking and hard work to
find this place.  It will take many, many, more years of hard work to get
the property into the condition of our dreams.  Its also going to take some
careful planning, saving, and managing of finances to pay for the land.

I'm out on the property almost every week working.  I mean working.  Using
a 25 pound chain saw is WORK.  I mean WORK!  I work out and run so I'm in
at least some degree of fitness.  Wearing trousers, long sleeve shirt,
gloves, and chain saw chaps in high humidity/temps operating a chain saw
will BEAT and EAT you.  Clearing road ways, septic fields, driveways, yada
yada yada is just plain hard work.  You have to fight the ticks, the
chiggers and the squeeters.  Last Friday I wore the wrong socks and the
$%^&*( chiggers got me again.  I have about one hundred bites on my legs
that have finally gone to the bleeding stage.  This is actually good
because you don't itch at this point.  If you have never been lunch for
chiggers you don't understand what itching is all about.  Squeeter bites
are NOTHING compared to chiggers.  Chiggers itch for 3-4 days and I do mean
itch.  Itching so bad you have to take Benydral to get some sleep.

You need a strong back and maybe a weak mind to work like this!  8-)

I think most landowners become attached to their property.  The more they
own I think the more they are attached at least to a point.  There is a
VAST difference between how I feel about the house I own and the land I
own.  I value the land far more than the house.  Working the land, sweating
for it, itching/bleeding on it and in my case fighting to actually acquire
the property brings a certain degree of closeness to the land.  It also
makes one a wee bit protective.  8-)

Buying a house is easy.  Very easy.  Buying raw land requires working with
soil engineers, agents. deceitful/stupid country officials, timber agents,
loggers, lawyers, and very tough tax issues.  And then there are the
neighbors.....

The land we bought has never been developed or farmed.  It has only grown
trees and wildlife.  Well, there is the old still fire box that I found,
but except for a bit of moonshine the boys made sometime in the past the
property has only grown trees and wildlife.  There is a subdivision
fronting my property and a state road leads into the subdivision.
State/county road responsibility ends and the road continues well up into
my land.  I and three others own various portions of the road and are
responsible for its upkeep.  When I bought the land you could not walk up
the road due to the young pines and hardwoods that had grown over the road.
I spent many a weekend clearing the trees from the right of way on my land
with a trimmer and a chainsaw.  WORK!  Hard, hot, dangerous, dirty,
tick/chigger infested work.  Needless to say I'm not touching a paddle much
this year.....  8-(

Which finally brings me to the issues Ralph wants to discuss.

Some of the neighbors have made it a point to come out and introduce
themselves while I have been working.  They are very nice people and are
going to make great neighbors.  Then there are The Others.  In fact some
have called the Sheriff because they did not like logging trucks using the
public road. Huh? The road in question is a public road paid for by taxes.
So trucks can't use it?  The deputy got a good laugh out of the call.

I have had other people just walk/drive right up MY road on MY land,
passing me 10 feet away and not even saying hello!  Not even looking at me
and acknowledging my existence. That is just plain RUDE and DISRESPECTFUL.
Its happened THREE times by different families.  While working this weekend
I had two more families who saw that the road was open, started down the
road and then saw me and left.  I was kinda hoping to meet them but they
just left. Some of the people who have done this I know are using the road
and my land for the own recreation yet they don't have the courtesy to
introduce themselves and ask permission?

To say I'm annoyed is an understatement.  One or two people I can
understand but five different families are so lacking in common courtesy?
I have gone out of my way to be neighborly and even though the people who
have come onto the property have acted rudely, I still have talked to them
in a friendly manner.  I certainly have not earned this rudeness.

So....

The land is getting posted in the next couple of weekends.  The people who
have made it a point to be neighbors I told long ago they could walk the
road if they so desired and that will not change.  But the other people
will be trespassed.  Part of this is because of their rudeness but a larger
concern is .......

The big bad LIABILITY issue.  My understanding of North Carolina law is
that there are three levels of liability for a landowner.  The best and
most efficient way for me to protect my investment in the property and my
own family's finances is to post the land.  This makes it very difficult
for someone who is trespassing my property to sue me if a dead branch falls
out of a tree and hits them on the head.  If the land is NOT posted then
they have a slightly better case against the land owner. If I charge
someone to use the land in some manner then I am most exposed to liability
lawsuits.

Civility and politeness really goes far when trying to use someone elses
property.  Using and abusing someone's property as in the story of the dock
owner in the article gives kayakers a bad name.  But also understand the
landowner have their own concerns and responsibilities.













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