I have found out in the little bit of time I have lived in West Virginia so far that residents of this area are very protective of their land. I understand this fully since you cannot grow land for lack of better terms. Hunting is also a big part of West Virginia Culture. For two months out of the year, you have camoflague clad hunters out in the cold waiting with an itchy finger to shoot some kind of live animal. If you’ve ever stepped into West Virginia at all, I am more than sure you have seen a No Trespassing sign posted somewhere.
I full and well know the potential reprecussions of crossing boundaries posted as such, but typically they do not concern me. Curtis Seltzer stated this, and it rung pretty loud with me:
Country-property owners normally find one of three types of trespassers: those who feel they have a right to be on your land even though they know they don’t; those who know better but trespass anyway; and those who actually do have a legal right to be there.
I think I fall under the second category of “I know I shouldn’t but I do it anyways.” While private property is private property, I have always felt these signs were to forbid hunters and ATV junkies from entering one’s land. If one is to… well… trespass with no intention of harm, leave no trace, then no blood-no foul in my book.
In several instances I have seen No Trespassing signs be put up on land I bike on, and I merely went to the owners of the land and asked if they were okay with local cyclists using the land. EVERY SINGLE TIME I have done this, the land owners thank me for coming to them, but state that there were other groups or individuals that the signs were intended for. (Druggies, ATVs, Hunters, Skateboarders)
The sad thing is that on group rides, or trying to get from one MTB spot to another, I am so highly dependent on ATV trails for their conveinant doubletrack that it would almost be a shame for them to be gone. Not going to lie… I think they do more trail maintenance than most of the MTB’ers around here.
All in all, West Virginia’s Trespassing laws are pretty standard compared to the rest of the nation’s, and the only additional material presented is mainly to deal with hunters:
WEST VIRGINIA: Written permission must be in the possession of anyone who will shoot, hunt, fish, or trap upon the fenced, enclosed or posted grounds or lands of another person. Written permission is also required to peel trees or timber, build fires or do any other act or thing thereon in connection with or auxiliary to shooting, hunting, fishing or trapping. Hunters who kill or injure any domestic animal or fowl, destroy or damage any bars, gates, or fence, or leave open any bars or gates resulting in damage to the owner, can be held criminally liable as well as liable to the landowner. The landowner may personally arrest any such person found violating this law and take the hunter before a JUSTICE OF THE PEACE for trial. In such instances, the landowner is vested with all the powers and rights of a game warden.
There is so much land in West Virginia that has been untapped for farms or residential use that is just great for singletrack. Its really amazing. This is also where I tend to draw the line. I typically will not trespass on government, business, or fenced lands just to go mountain bike riding. For one reason is that fences suck. Bikes are heavy, Barbed wire hurts, Electric fences suck even more, and I know government facilities or business locations are less hesitant on calling the police.
What about you guys?
Do posted signs play a role as to where you are willing or unwilling to MTB?
What are your opinions of unpermitted ATV trails?
Have you ever asked landowners permission to MTB on their property?
As a native of the mtn state, my opinion is that those signs of no trespassing are often there for hunters. Those that own land often want to save any game on such for friends and relatives to hunt and discourage other hunters or 4-wheelers, not necessarily a biker. Case in point, there is a section of private property we cross on a ride at … See MoreStonecoal. but after checking with the owner he said ride on, he wants to keep the 4-wheelers out, not mtn. bikes.
Also, relax on the afraid to go in the woods during hunting season. Most people shot are done in by out-of-staters, not native WV hunters. Wear your most colorful jersey or an orange vest and go ride for crying out loud. If you do that we make so much noise when riding in the woods and if you don’t wear a white helmet, you aren’t likely to be mistaken for as a turkey or deer. Any hunter I have ever encountered has been polite and usually just want to know if you have seen anything, ie deer, bear or whatever. I always apoloize to them for any distrubance to their hunting but I don’t act as though I don’t have a right to be there.
do not come riding you mountain bike on my property during hunting season at any time, I do not mind if you cross my land or ride at any other time, but do not molest my hunt or interfear in any way my hunting time….tyvm
A rider should ask for permission bc it is not only polite, but also it is for the rider’s safety. I know that the bulls we have on our farm are not very friendly at all especially when there are calves around. Also there may be other dangers on a farm or land such as a recent sighting of bears, etc.
My ‘No Trespassing’ signs on my land in Texas mean just that – NADA! ZIP, ZERO & ZILCH! What don’t you understand about the word “No!”??
Don’t let me find you riding your mountain bike on my land! And especially during hunting season. You interrupt my hunting and you are going to be arrested and hauled off to jail!
My property is posted! Along with signs it is marked around it’s entire perimeter with purple paint according to our Texas Purple Paint No Trespassing law.
Get it through your thick heads – No Trespassing signed do no mean just for hunters or people on ATV’s. It means it is not your land and KEEP OUT or STAY OFF!
And to the ignorant poster above – Kelly Bower. No, you do not have the right to be on other people’s property without their permission! What in the heck are you talking about when you say “but I don’t act as though I don’t have a right to be there”? Are you daft?
Some of you people have some real mental issues and don’t seem to understand some very basic laws and common sense.
If you don’t like No Trespassing signs then go out and buy YOUR OWN LAND!
Sheesh
Owen-Bob
I’ve got 40 acres backed up on 300,000 of timber parcel. I have the requisite No Trespassing signs posted every thirty feet along my property line as it touches the road, along with three wire fence. As you drive down my driveway, there is a “Caution, Range Land” sign posted, thirty yards later, is a hand written sign that says, “CAUTION! LIVE FIRE AREA!”
Still, one day, I was sitting in one of my stands scoping a young spike at a deer feeder when some asshole with a backpack comes prancing down my driveway. If I didn’t have a whole lot of experience, patience, and an understanding of how the deer move on my property, the guy could have gotten a bullet in the chest.
Sometimes, those no trespassing signs are there to protect those of you who have no business coming onto a hunter’s private property. If it’s marked as no trespassing, don’t trespass. I have my phone number written at the gate if someone wants to request access, which I will readily give with proper notice. I shoot all over my property, and I always assume that there isn’t anybody out there picking mushrooms, nature walking or whatever.
I was in a tree stand on MY property during hunting season last year and an 8-point buck with a very skittish doe were in thick Yaupon and I didn’t have a clean shot because of a big Blackjack Oak tree in the way. I was looking through my sights and lo’ and behold the deer suddenly bolted and three people – a man a woman and a young girl of about 13 or 14 came traipsing up a game trail and I watched with a dropped jaw these total idiots as they inspected not only my tripod deer feeder but also a game camera that I had set-up on a nearby tree! They didn’t touch anything but still, they ruined my chance for one really sweet deer. I was wearing all camouflage clothing and a camo full-face mask and my tree stand had a camo skirt all the way around it but the girl had a sharp-eye and looked right up at me and I saw her eyes widen with recognition. I said softly “hello! tell those other people to come here please!”. I was not pointing or aiming my rifle at this point anymore it was sitting in a holder that I had made, straight up in the air. The girl told the other people and I saw them nervously look over my way once and then start to walk back the way that they came. I called out a little louder this time and said “Hello! I need all of you to come here NOW!” and they ignored me and kept walking. So I stood up and angrily yelled at the top of my lungs “HEY!!! IGNORAMUSES! WHEN A MAN IN A TREE WITH A HIGH-CALIBER RIFLE TELLS YOU TO COME THEN BY GOD YOU HAD BETTER COME!!! ESPECIALLY WHEN YOU ARE ON HIS PROPERTY. DO YOU UNDERSTAND ME??? YOU ARE TRESPASSING – COME HERE NOW!!!!” So these idiots sheepishly come back and I asked them who they were and what their business was. “Oh, I own property near here and I was just showing my friend and her daughter the area, I am sorry but I didn’t know that anybody owned this property!”. I said “Look fella, if you are going to be a neighbor of mine then let’s get one thing straight okay? First of all you do not go traipsing about wantonly in the woods on my property in the middle of deer hunting season. Second, you need to be more observant and aware of purple paint markings. That means no-trespassing in Texas – No exceptions. My property lines are clearly marked. You ruined my deer hunting for the day. You stunk up the game trail with your human scent. Did it ever occur to you that a deer feeder equates to an armed deer hunter during deer season? Are you that ignorant??. Go now, and you have been warned. DO NOT under any circumstances come onto my property again! Thank-you!” and they apologized and hurriedly ran off back the way that they came. I climbed down the deer stand and walked down the game trail in the direction that they had took and right at the property line but on my property I found two fresh (labels clean and not peeling or faded) Ozarka Spring water bottles! So these morons not only put themselves in harm’s way and wantonly trespassed on other people’s land. They also littered and left their trash!
You idiots with back packs and mountain bikes need to clue-in and realize that not all hunters will be amiable and nice when you ruin their hunting with your trespassing. Deer hunting leases command big $$$ bucks in Texas and many other states. Often THOUSANDS of dollars. And it doesn’t matter whether it is deer hunting season or not. There are numerous other seasons for other game and feral hogs, coyotes, raccoons and many other varmints are open-season 24-7, 365 days and NIGHT a year.
It doesn’t matter whether you feel that you are doing no harm or not. People are basically slobs! Ignorant ones! I didn’t purchase my little slice of paradise and woods to want to have to clean up beer, drinking and other cans and bottles, not to mention all kinds of other litter. I and other property owners have no way of discerning who the “good guys” are and who are the scoundrels that leave the trash. PLUS I have personal and often expensive equipment in my woods such as cameras, feeders and other things that I don’t want people to know about. Nothing illegal about them mind you but the less that people know about what is on my property the less that I will be subject to theft and thieves.
If you are not paying the taxes on the land, or have permission from the landowner then you damn sure don’t belong on it! STAY OUT!!!
Robert
Quite agreed on the stance you represent. Throughout the years, I have gone to the neighbors of the properties we ride on. Their concern is 99.995% of the time about non-permitted ATV users. We have created a relationship with the people in the area, and RARELY go in the woods when hunting season is in play. If we are, we’re in city limits where rifles/etc are not permitted… I think just bows.
Never have I seen a feeder or camera. I would understand those as land meant for a use, and would clearly stay off.
I will admit to seeing one of those tree stand things in a small patch of woods in town, but this, as stated before, is land where we have a concensus of the neighborhood that we are allowed up there, since they came together as a community and created their own private trails for THEIR ATV’s
US MTB’ers are quite helpful in clearing brush, thorns, and other stuff that is covering the trail and is a general nuisance.
I doubt I’ll ever be in Texas any time soon, but it would be great to at least see your land in person~ You sound like you take much care of it, and respect your property!
Wow, what a sense of self righteous personal entitlement. It takes the breath away.
First of all, a landowner does not have to post his land. You are not entitled to be on private property without the owner’s permission. This is the meaning of the term “private property.” It means someone — someone who is not you — owns the property, maintains it, pays taxes on it and has the sole right to occupy it.
Second, when a landowner has gone to the trouble of posting “No Trespassing” signs — especially vehement ones — you have every right to expect the most hostile possible reaction if you ignore those signs and enter the property without permission. If the owner is calm and rational, that means you end up cited by the police as a trespasser. If the owner is not calm and rational . . .
I remember a time when there weren’t any NO TRESPASSING signs. And my father could tell you when he was a younger man he could walk/travel all over the county and never ONCE seen a sign or was asked/told to leave property in fact land owners would greet you with a smile. What the hell happened to people? Yes you have all your gosh darn rights. But what turned allot people into being complete pricks about it. Is this the nation we have become? YOU STAY ON YOURS AND I’LL STAY ON MINE!!! I can understand farmers with live stock, but hell there are less farmers with cattle now than there were 50 years ago! The reason you do it it is simple, MINE!!! I WANT TO KILL THAT BIG 8 POINT BUCK!! AND IM GOING TO MAKE SURE YOU DON’T!! CAUSE I OWN IT AND YOU DON’T!!! SO F@#$ YOU!! This is the REAL YOU. Using deer feeders and the like. You call that hunting?? Your a WANNA BE HUNTER. Real hunters don’t use bullshit like this. Us REAL HUNTERS call what you call hunting a CANNED HUNTS. Thats why if a hunter asks for permission to hunt on your land you tell them NO!! Your a bunch of selfish assholes.
Let me answer the questions/rant you posted…as a land owner, in California, I have issues with trespassing on an ongoing basis…people using the land as a dumping ground, shooting deer but leaving them to rot, tearing up the land with ATVs…My no trespassing signs are in response to A$$holes who see my land as their playgound…btw-would you let some stranger drive your car? Would you be selfish if you said no or requested they at least ask? What makes you think what is mine is also yours?
I have to agree with the other commenter. Private property is private property. Why would you expect to not have to ask permission to be on clearly marked private property?
And why have the attitudes changes? Because of ignorant self-entitled assholes who don’t respect other peoples’ property.
No Tresspassing means exactly that — no tresspassing. If you don’t have permission to be on a property, than you have no business being there.
people work hard for what they have and other people who do not usually ask for permission. Someone has disrespected this man and if he does not want anyone on his property it is his right. You need go buy a piece of property and sit on your own land and see how you get when people tear up your land throw trash on your land or steal stuff!!! people kill me it is always the people who bitch about what other people have is because they are too lazy to work for what they want and always want o borrow someone else s stuff.
There is another reason we do not want or allow trespassers on our property and that is liability. If someone falls off their bike and gets hurt or falls over a log in the trail and breaks their leg then we as the landowner could be held responsible. If the landowner is only concerned with hunters then they would post a “no hunting” sign, but we posted “no trespassing” signs because we don’t want anybody trespassing and that includes hikers and the like.
I think when a land is posted, then you should stay away, or contact the land owner about coming onto the property, I dont know of any land that is not owned by someone, even the parks are owned. and you have rules there also. I have a few acres in the woods and see all kinds of game, and when I hunt, I hunt for the sole pupose of food. I cant eat horns so I dont allways go for a buck. I have a neighbor that has lots of land, no houses on it, just cattle in the spring, summer, and early fall, he has given me permission, along with 2 other people to hunt on that land. we know where the property lines lay and where the homes are located on ajacent propertys. Last year I had one shoot to my home by someone that didnt know there was a house there. this year I killed a deer, next day took the hide off upon the mt on the other property, I counted 7 hunters, none with permission, none knowing anyone else was on the property. how safe could this be. the owner had left 3 cows on the property this year, because he could not get them loaded with the others. when he returned, he found one of the shot. this owner will have to go to the expense of posting with signs , because people climbs over fences onto the land, knowing good and well they are not the one that is haveing to fence, pay taxes and orther upkeep on that land.
The land owner is paying the payments for that land, or has paid them. The land owner pays all the ownership-penalties demanded by the upper parasite-classes. So the land owner has NO ‘splaining-to-do. Put the shoe on the other foot. If that property-owner found it convenient to climb in your window & cut across your home instead of staying on the sidewalk, how much debate would you allow with him standing in your room? Would you recognize his “right” to take that shortcut on his claim that you failed to make it impossible?
If I still may as well be typewranting in Chinese, how about your 2-wheeled pride-&-joy? Gee, why are you upsetting yourself, I only was trying it out! I would-a brought it back, so what’s your problem?! Doesn’t everything really only belong to everybody? Get the picture?
I am a little late to this party but as a WV land owner with posted land, I absolutely do not want anyone on my land for any reason. By owning the land, I am stuck with the liability of someone getting hurt on my land. Even if my liability is limited, I will need to hire a lawyer to represent me to make sure my rights are upheld and lawyers don’t work for free. Fred (above) goes on a foolish rant and it truly shows his ignorance. A long time ago, if someone fell on your land and broke their leg, they limped home and got it fixed. There are too many stories of people suing the landowner in cases like this nowadays. Welcome to the real world Fred. The past is gone and it is idiots like you that make it necessary that I post my land.
Like many WV land owners, I shoot on my land…and I shoot a lot. I would prefer to not have anyone walking around when I may be preparing to shoot a gun. If people obeyed the posted signs, it wouldn’t be an issue.
If you feel like you must explore a piece of land, please, at the very least, ask and respect the answer you are given.
My Husband and I lease 30 acres for our three horses. It is fenced and has a barn. We have paid our rent every month for the past 3 1/2 years. We check the horses twice a day, feed them and take care of their needs. This evening I went to check and feed, and as I pulled into the driveway beside the pasture, I noticed 6-7 people (four adults, 3 children) in the pasture beside the barn. As I walked up to them I recognized the one woman who was sitting on the ground with her husband and young son. Her father lives next door to the pasture. I didn’t know the other couple and their children. The three sitting on the ground were posing while the other couple were taking pictures. The man was holding a camera while his wife, or whoever, was holding a deflector or reflector device. There was also a white umbrella which I guess was there for lighting effect. I asked who gave them permission to be there. The neighbors daughter said her father. No one called us for permission. In the meantime our horses were grazing nearby. These people had no idea what could have been a disaster if one of the horses had spooked at the equipment they were using. The wind blows as the sight is on a hill, and the umbrella could have been blown by the wind. I mentioned that someone could be injured, and the reply was that the horses had been really good. People please, horses are not big stuffed friendly animals. The are unpredictable, can move so fast when frightened that you can’t get out of the way. The two little girls are wandering around and no one is watching. Get a clue. You are trespassing, no permission was given for them to be there. Why can’t people have respect for other peoples rights and property. If someone got hurt, you bet they would try to sue.
If they had called and gotten permission, the woman’s father has our phone number. I would have been able to go over and put the horses in their stalls so they could have all been safe.
Doesn’t anyone think anymore????
I love how much this post has lead discussion about the topic! Thanks guys.
People are pretty ignorant to thinks “No Trespassing” only applies to hunters and people with ATVs and such. Just picture you live in the city on a corner lot. How would you feel if people constantly decided to walk across your lawn because it’s quicker? You pay the taxes. You bought the property. How dare someone walk on your property just because it’s quicker. There’s thousands upon thousands of acres of National forest, BLM, state land in the U.S. that your tax dollars pay for and somehow you still seem to see the need to trespass.
I own 350 acres of forest land in West Virginia mainly for forestry purpose. I also lease it out for hunting to help pay taxes. I post it mainly so my tenants will get what they paid for — exclusive hunting rights. Also because I don’t want 4x4s, ATVs and motorcycles compacting the soil or tearing it up, which is bad for the trees. Generally I would give permission for non-motorized hikers, birdwatchers etc., but not during hunting season when their presence would be hazardous to themselves and disruptive to the hunting. I expect the courtesy of being asked.
I’m all for asking landowner’s permission to ride a trail, but if you don’t, don’t assume it’s okay to trespass! I just caught a cyclist riding my well posted trail on my trail cam and I am pissed! We didn’t spend a small fortune in upgrading this property so yahoos can trespass on it! She was out there on the last day of deer shotgun season. If my brother-in-law hadn’t been over visiting, we would have been hunting that very area. Imagine what could have happened! It’s bow season now, so hope to run into her + explain how dangerous it is to trespass on someone else’s property! NO TRESPASSING means NO TRESPASSING!
I am a landowner. There are a few really simple reasons the people in my family who own land including myself are adamant about not permitting people on our property – even a trespasser can sue if
Injured on your property- and sometimes do it successfully. Privacy- it’s kind of the point of owning property- it’s your piece of solitude from everyone else – if I’m hiking and taking wildlife photos on my property I certainly have no desire to see a bike rider anymore than I’d want to see an ATV or a stranger hiking through. I pay for that land so legally it’s mine to use and share- or not share. Safety- I do permit certain neighbors to trail ride from their side of the mountain across to my side- they have trail horses- they are used to ATVs as they are used on the farms – a bike could easily spook one and cause someone to get hurt. Hunting seasons can be ruined by inconsiderate bikers – and fall deer season is far from the only hunting season. Being a biker doesn’t mean you are a fine member of
society that I’d want around my daughters either- I own and pay taxes to be left alone- it is my right- trespassing infringes on my rights- would you or your biking buddies like to find my family hanging around in your front yard? Why don’t bikers do what hunters do and go in together on leasing or buying tracts of land just for biking? I frankly dread spring and the bikers it brings- and I am not alone. If my signs were for hunters they would say no hunting- not no trespassing. No biker ever bothered to even ask us.
I own a farm in Cabell county. It has been in my family for nearly a century.
If you think my no trespassing signs do not apply to you
and your ilk, please reconsider your stance.
My signs are there for a reason. It is my intent to pursue any and trespassers to the fullest extent of the law. Pray you don’t meet up with me. You will have a bad day
As a landowner in Maryland, I know that if an adult or child is injured while on my property legally or illegally I can be sued. Insurance companies will no longer insure farms. So if some person, unknown to me steps in a hole and breaks their leg, I could lose everything. The most that the insurance company will insure is my house and surrounding five acres, so I pretty much hold my breath and hope that my neighbors do not injure themselves while trespassing on the remaining 245 acres.
When I give someone permission to hunt, they sign a paper waiving their right to sue me if they are injured while hunting. I would be in favor of such a system for non hunters also.
I once had a man call me and give me hell because he was teaching his daughter to drive on our private road which is clearly marked NO TRESPASSING and she somehow manged to damage his car.
Until people are more polite and learn manners and common sens, it is just best to do what i can to keep them off of my property. .