Private Property Law

Trophy_Taker · Aug 9, 2018

So what it the law in Utah regarding private property? Can you legally hunt private property if it's not posted by the landowner?

Don_K · Aug 9, 2018

Interested to see what everyone says.

Here's the Trespassing law on page 48, looks to me if its not posted or marked its OK.

Trespassing
Utah Code ?? 23-20-14 and 23-20-3.5
While taking wildlife or engaging in
wildlife-related activities, you may not?
without written permission?enter or remain
on privately owned land that is:
? Cultivated
? Properly posted
? Fenced or enclosed in a manner designed
to exclude intruders
In addition, you may not:
? Enter or remain on private land when
directed not to do so by the owner or a
person acting for the owner
? Obstruct any entrance or exit to private
property
?Cultivated land? is land that is readily
identifiable as land whose soil is loosened or
broken up for the raising of crops, land used
for the raising of crops, or a pasture that is
artificially irrigated.
?Permission? means written authorization
from the owner or person in charge to enter
upon private land that is cultivated or properly
posted. Permission must include all of the
following details:
? The signature of the owner or person in
charge
? The name of the person being given
permission
? The appropriate dates
? A general description of the land
You can find an authorization form online
at
wildlife.utah.gov/permission
.
?Properly posted? means that signs
prohibiting trespass?or bright yellow, bright
orange or fluorescent paint?are clearly
displayed at all corners, on fishing streams
crossing property lines, and on roads, gates
and rights-of-way entering the land. Or, they
are displayed in a manner that is visible to a
person in the area.
You may not post private property you
do not own or legally control or land that is
open to the public as provided by Utah Code
? 23-21-4. In addition, it is unlawful to take
protected wildlife or its parts while trespassing
in violation of Utah Code ? 23-20-14.
You are guilty of a class B misdemeanor
if you violate any provision described in this
section. Your license, tag or permit privileges
may also be suspended

BIGJOHNT · Aug 9, 2018

It's pretty easy these days to find properties boundaries. With gps and phones with down loads. There is no reason to trespass. With cameras everywhere. You will get caught.

shootem · Aug 9, 2018

Bigjohnt, you make a valid point in that it is very easy to know boundaries, however if land owners are too lazy to post their property then anyone can legally enter the property whether it's private or not.

Cheater · Aug 10, 2018

I thought I knew all of the private property boundaries really well in the area that I've hunted deer for the last 20 years. It wasn't until I got the OnX app last year that I even knew about a few random private parcels mixed in with public. The owner is not listed on the app, and the land isn't physically posted. It is very common to see other hunters/hikers in this area. I've never heard of anyone having trouble. Although rare, I think there are some instances where the land owner simply doesn't care.

travismadden · Aug 10, 2018

In reading this even if it's not posted if it is fenced or enclosed in a manner to exclude intruders you would still be trespassing correct? I guess when it boils down to it know where you are and if you wanna go into it obtain permission. Good topic of discussion though

>Interested to see what everyone says.
>
>
>Here's the Trespassing law on page
>48, looks to me if
>its not posted or marked
>its OK.
>
>
>Trespassing
>Utah Code ?? 23-20-14 and 23-20-3.5
>
>While taking wildlife or engaging in
>
>wildlife-related activities, you may not?
>without written permission?enter or remain
>on privately owned land that is:
>
>? Cultivated
>? Properly posted
>? Fenced or enclosed in
>a manner designed
>to exclude intruders
>In addition, you may not:
>? Enter or remain on
>private land when
>directed not to do so by
>the owner or a
>person acting for the owner
>? Obstruct any entrance or
>exit to private
>property
>?Cultivated land? is land that is
>readily
>identifiable as land whose soil is
>loosened or
>broken up for the raising of
>crops, land used
>for the raising of crops, or
>a pasture that is
>artificially irrigated.
>?Permission? means written authorization
>from the owner or person in
>charge to enter
>upon private land that is cultivated
>or properly
>posted. Permission must include all of
>the
>following details:
>? The signature of the
>owner or person in
>charge
>? The name of the
>person being given
>permission
>? The appropriate dates
>? A general description of
>the land
>You can find an authorization form
>online
>at
>wildlife.utah.gov/permission
>.
>?Properly posted? means that signs
>prohibiting trespass?or bright yellow, bright
>orange or fluorescent paint?are clearly
>displayed at all corners, on fishing
>streams
>crossing property lines, and on roads,
>gates
>and rights-of-way entering the land. Or,
>they
>are displayed in a manner that
>is visible to a
>person in the area.
>You may not post private property
>you
>do not own or legally control
>or land that is
>open to the public as provided
>by Utah Code
>? 23-21-4. In addition, it is
>unlawful to take
>protected wildlife or its parts while
>trespassing
>in violation of Utah Code ?
>23-20-14.
>You are guilty of a class
>B misdemeanor
>if you violate any provision described
>in this
>section. Your license, tag or permit
>privileges
>may also be suspended

BIGJOHNT · Aug 10, 2018

Yes I would think if you climb over someone?s fence. You maybe putting your life in danger. I hated having to put no trespassing signs on our property. I think they are ugly and take from the beauty of the area. But legally we hand to or you tie the hands of the law. Had a guy shoot a deer just below our cabin. Off the roadway. Or neighbor heard the shot and confronted the man. But the deer was already dead. So we just let him take it. After that the signs went up.

deerkiller · Aug 10, 2018

If it's not posted, no live stock is in the area and it's not cultivated, it's fair game. Assuming you follow the dwelling and habitable structures laws. You?ll probably get asked to leave by the land owner, but not much they can do to that point. But if you return after that, there's a lot they can do. A simple barb wire fence doesn't fall under the ?fence to keep intruders out? statement, I don't think. The western United States is covered in fences, on forest ground, state ground, BLM ground and private ground. You can't consider those as fences to keep out intruders

hornkiller · Aug 10, 2018

How big is it?

Castnshoot · Aug 11, 2018

If it is not clearly marked and you have not been asked to leave before,,, go for it.

I have had people trespass my property from time to time,, have never made a big deal about it.

I had 2 BLM guys come right through the main gate that has 2 no tresspassing signs on both side poles with my phone number on them.

They then started cutting buckets of sage samples for some kind of study.

When I confronted them they got kind of pissy and on the way out they mentioned that my property can only be accessed via BLM easement. (Which I pay for and maintain)

After the vailed threat I decided to make a report to the local sheriff just to protect my self.

The sheriff scolded me for not locking them in and calling him right away so he could write them both a citation.

That is my best trespassing storie where I was not the one trespassing.

Weiserbucks · Aug 11, 2018

If it's not your property or public land, stay the F off of it . Pretty simple.

elkfromabove · Aug 11, 2018

LAST EDITED ON Aug-11-18 AT 10:47PM (MST)[p]Do your homework, people! Even if it means going to the county reorder's office. Today, while looking for water where I could set up a blind for the archery deer hunt, I came across a roped off ATV trail that crossed a flowing creek and it had a sign which read, "Smile, you're on camera" and the rope had two orange streamers tied to it. I guess someone found the spot before I did and wanted to scare the rest of us off. The only trouble is, it's on BLM land! I didn't see any camera, but I'll be sure to wave when I set up my blind and my own camera on Monday morning.

Edited: And, No, I'm not going to report it or take it down 'cause then me and the bozo who put it up will be the only ones who hunt it!

elkfromabove · Aug 11, 2018

>If it's not your property or
>public land, stay the F
>off of it . Pretty
>simple.

Or get written permission!

Muley_73 · Aug 12, 2018

Pretty interesting to see some of the loudest and accusing voices regarding transparency are the same voices offering suggestions for a way around the actual law.

Castnshoot · Aug 12, 2018

Having property next to open range it is my responsibility as the property owner to keep other people?s cattle off from my property.

The owners of the cattle are not responsible for where his cattle may wander.

All I can do is run them off.

These trespass laws are ?some what? set up the same way.

hossblur · Aug 12, 2018

Would be interesting to know since OnX helped hunters, how many landowners have been guilty of "stretching" their fencelines onto public.

Seems pretty common.

From the party of HUNTIN, FISHIN, PUBLIC LAND.

Castnshoot · Aug 12, 2018

LAST EDITED ON Aug-12-18 AT 06:56PM (MST)[p]It does not matter if some one moved ?a? fence line onto public land, they can not claim adverse possession against government controlled property.

Doing it on private property is a whole different story.

The use of advers possessions is a legal way for a tresspassing land owner to take legal possession of his neighbors property.

In Utah it only takes 7 years and a couple other minor hoops to jump through.

None of which require any payment for the land other than declaring to the county that you are liable for the taxes on your newly acquired property.

hornkiller · Aug 12, 2018

It's very simple if you own land and don't want people on it post it!

Muley_73 · Aug 12, 2018

Horn,
That's not what the law reads. You?re justifying breaking the law. You?re right it is simple, follow the law.

BenHuntn · Aug 12, 2018

Hey dipchit deerkiller if you don't own it someone else does. Stay the F**k off private ground. Any type of fence has at least 2 purposes. One to keep livestock in and 2 to keep dumb asses like you out.

Pinetree · Aug 13, 2018

^^^^^^
+1
Even posting private property doesn't work for the dipchit locals. If you know its private property with or without signs dont trespass!!! Simple as that.

elkfromabove · Aug 13, 2018

You have to know/remember that just because the DWR can't cite you for hunting private property based on their rules, that doesn't mean the landowner can't take you to court based on Utah trespassing laws. It's just smarter and friendlier to either get written permission or stay out of private property that's not posted.

Castnshoot · Aug 13, 2018

In Utah there are thousand of acres of land that are owned by absentee land owners who have never set foot on that land.

Nore do they have any care takers or
leases on it.

I know of many of those that hold game and are hunted by good law abiding people. With out permission.

It is not against the law.

deerkiller · Aug 13, 2018

>Hey dipchit deerkiller if you don't
>own it someone else does.
>Stay the F**k off private
>ground. Any type of fence
>has at least 2 purposes.
>One to keep livestock in
>and 2 to keep dumb
>asses like you out.

Hey Ben, ##### off!

deerkiller · Aug 13, 2018

>^^^^^^
>+1
>Even posting private property doesn't work
>for the dipchit locals.
>If you know its private
>property with or without signs
>dont trespass!!! Simple as
>that.

And what about when these private land managers post public lands illegally in an effort to keep the public out of that land? Are those guys assholes too for crossing those signs?

Muley_73 · Aug 13, 2018

If its not private then there is not issue. I have hunted public land that is posted and gone the rounds with the local sheriff and landowner. It was public and it was posted anyway. This is completely different than trespassing on to actually private land.

Again the transparency crowd is suddenly ok with different interpretations of the law. CLASSIC... and not surprising at all.

Elkslayer2015 · Aug 13, 2018

LAST EDITED ON Aug-13-18 AT 06:20PM (MST)[p]Ok well all of us on this forum should have a GPS or onX you should know where you are hunting

I don't think the land owner should have to post anything anymore Here in UTAH We have the tools this day and age use them why stir up a hornets nest.

hornkiller · Aug 13, 2018

What is justifying breaking the law in my post?
There are probably more hunters afield without on xmas or GPS than with! Im just saying all you people that are bitchin about people on your land go post it and stop crying about it on here! Like I said its pretty simple it will keep 90% of people that don't know its private off of it.

Castnshoot · Aug 13, 2018

Yes you are right there are a lot of things different in Colorado.

This conversation is about the tresspass law in Utah.

I have no idea how long this will be the case,, but as of right now it is not illegal to go out in the hills with out a gps or a subscription to onX,,,,or to tresspass on unmarked private property in Utah.

Castnshoot · Aug 13, 2018

Elkslayer, nice after the fact edit. With that kind of s sneakiness you should have no problem seeking into some private property to Slay a few Elk.

Next time I will know to reply with quote.

BIGJOHNT · Aug 13, 2018

I believe its called showing respect for others. Even to land owners. But our entitled youth of today don't know how to show respect.

Elkslayer2015 · Aug 14, 2018

Castnshoot Well apparently you couldn't figure out that it was for UTAH I CHANGED IT FOR YOU I used Colorado as an example so it's plain to see you can't figure out GPS either and you have no respect for other people property and you only care about you and not others and to answer your question I know where I'm hunting at all times and I have respect for landowners I don't find loopholes in the laws to get an edge.

DesertRanch · Aug 14, 2018

This thread and the attitude a lot of so-called sportsmen have is why more and more people just say no when approached by the public for access to private land. I have hunted in multiple western states and have never had a problem getting access by talking with ranchers, getting to know them, offering help with ranch projects, ect. As a landowner and rancher, it never ceases to amaze me when someone rolls up to a gate opening morning and chews my butt for having a locked gate and no trespassing signs. The funny part is I enjoy helping guys who respect my livelihood and my land. And I also enjoy telling pompous idiots to go pound sand! The same guy that bitches about me locking a gate never fails to lock his truck before leaving it. AND HE NEVER PUTS UP ONE SINGLE POSTED SIGN ON SAID TRUCK! By a lot of your logic I guess a parked truck is yours for the taking too. While many of you folks are decent, honest, good people, some of you make me sick to associate with ya! I care for grass, water, wildlife and the environment 365 days a year. I wish some of you could see the benefit that is to you as a "sportsman". But that would require an IQ slightly higher than your blood alcohol level.

Castnshoot · Aug 14, 2018

Elkslayer, I called you on your after the fact edit because in your OG post you stated that Utah should be more like Colorado.

I simply pointed out the fact that this discussion is about Utah law and the fact that tresspassing on unmarked private property in Utah is not illegal.

That type of back editing used to confuse can be considered disrespectful
by some,, just like tresspassing on unmarked private property can be considered disrespectful by others.

Just bringing a few facts to the discussion.

Elkslayer2015 · Aug 14, 2018

DesertRanch I've been in your shoes we owned 600 acres up diamond fork and we went threw the same thing we had it posted and it didn't matter to anyone it was posted all they had to do was come ask and my dad would of let them no question ask SORRY YOUR GOING THREW THE SAMTHING WE DID that's why I always checked my Boundary and I do my home work and treat the landowners with respect because for the most part they will let you on there land.

I DON'T THINK LAND SHOULDN'T BE MARKED AT ALL not with the technology that's out there but there always people that's are finding ways around the system to get in there and that's why we have more laws and rules because of it...

Ticks N Tines · Aug 23, 2018

It's YOUR responsibility to know where you are hunting. Private land is private land whether it's marked, fenced, or posted. Do your research and stay off private land.

It's not hard for someone to take a sign down and say the land "Wasn't posted". People need to stop looking for excuses to trespass.

Hunt public land or get permission.

1911 · Aug 27, 2018

File this one under, just because you can doesn't mean you should. Or ....legal doesn't always equat to moral or ethical. It's pretty clear in my mind what the spirit of this law was intended for. More of a keep guys out of hot water for an honest easy mistake and not so much of a as long as the keys were left in the door make yourself at home. Going out and turning doorknobs to see which was left unlocked doesn't sound like a good time to me.
http://www.monstermuleys.info/dcforum/User_files/4abc76ff29b26fc1.jpg

roadrunner · Aug 28, 2018

Try tresspassing on tribal (reservation) land and pretend you didn't know and see how far that gets you.

FWIW, it's a 4th degree felony, not a misdemeanor...