Can I hold trespassers accountable for crossing my hunting lease property?

Full question:

I have a hunting lease, which i have owner authority for the 1250 acres of land for 20+ years an am responsible for the insurance, and upkeep and posting of property and keeping unwanted persons off the premises...On the back side of our property is 40 acres of timber and the owner of it rarely see it, but i have unwanteds come and go through our property damaging the cared for roads.The unwanted say they have permission from the owner of the 40 acres. We have had property stolen, and have expensive equipment on the property. Is there a legal check system, that can be applied to the owner of the other acres, and what about the persons, that say they have permission. Can they be held accountable for our upkeep,can they be required to show proof of permission to cross our property, and is the owner the only one that can come across. The property is located in White County AR.

  • Category: Real Property
  • Subcategory: Easements
  • Date:
  • State: Arkansas

Answer:

The situation depends on the specific easement or license agreements and the relationship between the owners of the two properties. Generally, only the owner or occupant of a property can grant an easement or license to enter another property. Therefore, if the owner of the 40 acres does not also own the 1250 acres, they cannot legally give permission to cross your land.

A license is revocable, while an easement is a more permanent property interest that may require specific conditions to terminate. If someone is damaging your property, they may be liable for those damages. Theft is a criminal matter that should be reported to local law enforcement.

You can check property records at the county recorder's office to see if there are any recorded easements or rights of way affecting your land. An easement allows someone to use another's land for a specific purpose, and it must be defined in terms of its use, location, and boundaries.

Once an easement is established, the easement holder has the right and responsibility to maintain it unless otherwise agreed. Easements can be renegotiated or terminated under certain conditions, such as abandonment or misuse.

There are different types of easements: appurtenant easements benefit the property and transfer with the property when sold, while easements in gross are personal and do not transfer upon death of the owner. To terminate an easement, the purpose must no longer exist, or the landowner must release it.

If you are dealing with trespassers, you may seek an injunction to prevent them from entering your property. An injunction is a court order that requires a person to stop a specific action, like trespassing. To obtain one, you typically need to show that you are likely to succeed in your case, that you would suffer irreparable harm, and that the public interest would be served by issuing the injunction.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

The cost of hunting insurance can vary widely based on factors such as the coverage amount, the size of the property, and the type of hunting activities involved. On average, annual premiums can range from $300 to $1,000 or more. It's best to obtain quotes from multiple insurers to find a policy that fits your needs and budget.