What's Mine Is Mine-What's Yours Is Mine

Tuesday, July 21, 2009 03:45 AM

As I watched two cross country motorcycles and a quad roaring past a local famer as he attempted to cut his hay field last weekend, I couldn’t’ help but wonder just what does trespass mean to people?

Is it a case where the family heads have not told the young people driving these machines not to trespass or is it a question of do what you want, try not to get caught?

In the instance I observed, the parties never even took time to stop, they simply rode on by through the hay field, knocking down the standing hay as they went, almost as though they were entitled to do as they please.

I talked to the rancher who told me that time and time again this is becoming an ever increasing problem, people who do not have respect for other people’s property. In one case the rancher said, when he stopped the group they said, “Sorry Dude”, then went on their way.

Now I wonder how these people would feel if the rancher in question took it upon himself to drive his tractor across their lawn, or drive a tractor through their garden? Do you think there might not be a backlash?

No trespassing has become a welcome sign, and even the police (who we charge to ensure that our property is ours) have put the matter of trespass a way down on the list of items that they will take a call on.

We are seeing more and more every day people who believe,"what's mine is mine", and," what is yours is mine".

I’m Meisner and that’s one man’s opinion.

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Posted on Tuesday, July 21, 2009 03:45 AM in Views by Ben Meisner

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Comments

Posted by: Eagleone on July 21 2009 6:13 AM

On the flip side we are seeing more and more fences going up everywhere that are blocking prime access to rivers, lakes, trails and other areas of interest to the general public that are being monopolized by land owners of adjacent land that often is under utilized and claimed for the sole purpose of restricting others from access to recreational properties.

I could go on and on with excellent examples of this... the canoe boat launch bench at the far end of Otway Road out Miworth... the up river access of the Salmon Valley from the bridge... the Salmon Valley mouth into the Fraser... and endless trails in between.

If these land owners want to restrict access to other area adjacent to their properties to monopolize public space, then they will have to accept that they will have people that don't respect their claim to the land. If they want to provide a corridor for access then I have no doubt their claim to their land would be respected by all that would bi-pass it.

Posted by: hartbooks on July 21 2009 6:21 AM

Where I come from - farmers often left sets of harrows - spikes up in the entrance to their hay fields. The tire shops in town appreciated the extra business.

Posted by: downnotout on July 21 2009 7:40 AM

If you own the land than you should have the right to deny access. Most of those cases that eagle reffers to are cases in which the public has taken advantage of forcing the landowner to fence it off. Where I come from to ride on other peoples property with a crop on it was to invite a battle . It was considered the same as thieft. By running down the crop you were taking that part of the crop away from the landowner. Harrrows with the spikes up were minor to what did happen. Quite often force was involved.

Posted by: metalman on July 21 2009 8:47 AM

Todays' generation has everything handed to them, it is only natural that they would expect that their 'rights' extend to other people's land. It really is too bad that so many people today did not experience any discipline while growing up, or get taught manners and respect for other folks. One thing though, if there is a gazetted road going to the lake or river in question, I have been told that the public has the right to access. Of course respect for another's property should trump any assumed right of way. Eagle, who are you to determine if someone's property is being "under utilized"? Maybe they do not want to develop that area, maybe they like to leave things in a natural state, maybe they have had experience with the type of people who assume that they have the right to access, and the right to leave their garbage and broken bottles laying around for others to clean up. Same lack of manners. If everybody that used the land did so respectfully, there would probably be fewer problems with land owners who, in your words, 'for the sole purpose of restricting others" are making it tough for mannerless city folk to trespass. The corridor you speak of would no doubt be lined with garbage. As Ben postulates; I wonder how the urban dweller would react to people driving across their back yard, building a campfire and leaving trash lying around.
metalman.

Posted by: Harbinger on July 21 2009 5:03 PM

Trail bikes up and down the streets in summer on the way to the woods. In winter, same with snowmobiles. What's the penalty? IF you get caught. IF there's a cop around. IF he catches you. I understand now the bumper sticker that states, "No Fear". Have a nice day.

Posted by: bowzone_mikey on July 21 2009 6:18 PM

Eagle ... you are always good for a laugh ...

I best not catch you sneaking through my hay feilds to acceess the river bank that is deeded as my personal property ...you are more than welcome to access the river from public land ...hell if your in trouble you could land on my bank and I wont be angry ....

Or You can show the land owner some respect and knock on his door and ask permission to traverse his land to access the prime river bank .... 9 times out of 10 he will grant you permission if you show some respect.

If you think its your right and just tresspass across his land .... I will garantee there will be fireworks

Posted by: northman on July 21 2009 6:49 PM

You can legally get on anyone's private land to access a river or mountain and there inst a damn thing the land owner can do about it.

Your wild card here is a mineral titles license with an active tenure. You can cross private property without permission or even build a road on it to access your tenure.

Just make sure you strap your gold pan to the back of your dirt bike or quad and your set..

Posted by: bowzone_mikey on July 21 2009 8:41 PM

Northman ... You had best read section 11 of the mineral tenure act specifically Paragraph 2 and in case of this topic subsection D

actually you had best read all of it ...because you are grossly misinformed

http://www.bclaws.ca/Recon/document/freeside/--%20m%20--/mineral%20tenure%20act%20%20rsbc%201996%20%20c.%20292/00_96292_01.xml#section11.1

Posted by: caranmacil on July 21 2009 10:25 PM

there is a lot of misinformation out there to be sure. While rivers, streams and their banks are public, access to them is NOT a right if private land is involved. I suppose eagle would be one of those folks walking through peoples gardens and lawns to get to the beach in kelowna. Enjoy your fine. Private land is private property. If it is posted and you trespass you are guilty. However, it should be said that i have had a rancher or two try to run me off of his grazing lease ...Thats not kosher.