As a property owner in rural area, this is the way i understand it...
A snowmobile crosses my land. There are no signs, fences, gates, locks, and i have never before spoken to this person in my life. If I call the sherrif, they will come out and ask the person to leave. If they return, or refuse to leave, they are subject to arrest!!! not before being informed not to be there. If i had a sign, he is subject to beging arrested right? If i had a gate, or anything to let him know not to be there.
My father was a repo man for years, And I myself was in that business for several years. And let me add, that in almost every state, unless you have a court order to obtain the vehicle, and a constable is with you, the local authorities do not have a legal ability to help you. They are simply there if called to keep the peace. So in lots of cases, they can actually ask you to leave without the vehicle you have legal right to take, because it would cause a distrubance. If i pull up to a house with a gate, or sign up stating to keep off. I can not legally enter the property to take the vehicle without such court ordres. However if there are no such signs, I can drive in, into the back yard if need, and take the vehicle. If i cause damage to the property, i can be held liable for it, but outside of me slamming on the gass and tearing the whole yard up, there is nothing illegal about it.
Repo guys aren't government employees... they have the same rights and protection that you and i do when we enter private property. So if this guy is not breaking the law by entering private property that is not posted, and a sled is not breaking the law by entering private property that is not posted, where exactly is the differance?
i understand that if i break something, I am liable, but seriously, all land is privately owned with the exception of goverment, and public owned property, which technically is still privately owned by them... My front yard is privately owned, but i can't have people arrested of comming to my front door... Is it because there is a driveway, and a walkway to the door? Well the entrances to some of these trails are smoother than my rural, gravel driveway to my house.. If they can assume if there is a driveway and walkway, they can come up to the door, I should be able to assume the same to the driveway to the power lines...
Now let me say that i do plan on reseraching the actual owners, and plan to find out if it is legal for me to be there, if i find out it is infact not legal, i will ask permission at that point.
but zeeto, as you have answered my question, you have made points that i just don't think are held up. I appreciate the input of some of you, especially refering me to getting permission... That was helpfull... But this is a forum, meant to be able to ask questions, and have people in the same interest to help you find answers... As for you... I never asked YOUR permission right? So please, before you go on... have an answer, or even some input...
Thank you
|