Liability with non-malicious trespassers in NY

DonyaQuick

Crowing
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Jun 22, 2021
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Upstate NY (Otsego county), USA
I hope this is the right part of the foram to ask about this...I'm trying to figure out what sinage and/or other reasonable precautions to take if trespassing of the mostly ignorant variety becomes a more frequent occurrence on my property, since I have both a livestock guardian dog and roosters that are potential issues for people who show up unannounced if they wander where they shouldn't at the wrong time, and what I've read of the laws in NY as far as posting warning sinage is pretty confusing.

I live in a rural area in NY where many people are actively doing some kind of agriculture. There is also a notably growing late spring through early fall AirBnb/VRBO/etc. presence in the area, with some popping up very close to my property. Google and such have no idea where a lot of things are out here, and getting navigated to completely the wrong address is common, even being told to drive across a corn field or swamp. There are a lot of out of state plates driving around and making U-turns, pulling into the wrong driveways, etc. Didn't think much of it since my dog is usually contained and my roosters don't go out of their way to hunt people down, so people who don't go past the driveway are a non-issue for me. Then I had missionaries show up out of nowhere recently. They started to head down to where my chickens were because that's where I was. Caught me by surprise since I didn't hear them drive up. If a certain Mr Cuddles Junior had still been out foraging and two strangers in novel clothing had suddenly come waltzing through the middle of his flock, there definitely would have been a biting/flogging risk. Nevermind if my LGD had been out with the flock and they didn't respect her warnings - although perhaps people would be more likely to steer clear of a barking dog than a bunch of chickens. Anyway, the complete lack of caution was pretty surprising to me, but I guess that's something I do actually have to worry about now; I have had other random lost cars pull up my driveway in recent times, so I'm sure there will be others.

My first thought was to put up some warning signs on my driveway since it seems like there's an increase in clueless people in the immediate area, but also don't want to increase my liability with the wrong sineage. I will be putting up "no solicitors" and "no trespassing" signs, but that will mean nothing to someone getting wrong directions from their phone and thinking they're arriving at an AirBnB. I've read mixed things on putting up "beware of dog" signs or anything cautioning about specific types of animals. NY seems like it has some weird stuff to do with knowledge of vicious animals that I've read can work against a property owner, since posting a sign indicates you know you have a hazard. Meanwhile I've also read things like "landowners are not protected from liability in cases of willful or malicious failure to guard or warn against dangers."

Unfortunately a gate across the driveway isn't an option, and I probably won't have the general animal area fully fenced for at least another year or more. Hence why I'm hoping there is some good way right now to communicate that random folks need to stay clear, at least past a certain point, without it somehow working against me if they ignore it. What would folks do in this situation?

I will also be putting "posted" signs around the property but that's just to cover my butt against trespassing hunters out in the forested part of my property if I have to involve the police about it for any reason.
 
I'd see what your county or sheriff's office recommends and maybe even the DNR might be able to answers some of these questions for you.

DNR would be DEC here I think - they are beyond useless. I have interacted with them before on much more serious trespassing issues; my big, loud LGD solved what they couldn't be bothered to care about. Law enforcement out here is state troopers. I respect those guys for sure but they're the sort I would go to mostly if I needed them intervene in some kind of active, ongoing situation (or if the airbnb'ers send another bullet over my house...).
 
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I’ve also heard not to use a “beware of dog” sign, but instead “dog on premises.” People here who do not have fences/gates will often use a big chain across the driveway with a do not enter/private property sign as well as posted along your property line. You can also get custom made signs, maybe “turn around, this is NOT an Air BnB!”
 
I’ve also heard not to use a “beware of dog” sign, but instead “dog on premises.” People here who do not have fences/gates will often use a big chain across the driveway with a do not enter/private property sign as well as posted along your property line. You can also get custom made signs, maybe “turn around, this is NOT an Air BnB!”
I was going to suggest a rope or chain across the driveway as well, it does need to be visible/flagged so no one drives into it and I would say set back onto the property enough so a person could pull in and be able to back out.

It would be inconvenient for the OP, yes, but it's still a viable solution to not having a gate.
We slowly over time have been able to fence in most entry points, at least in the immediate areas around our home. Worth it! Also saved to finally get a gate opener, oh my, that's a luxury. No more having to get out in the rain, snow, etc. to fiddle with gate latches, opening and closing, etc. LOL

Custom signs are a great idea too. Clear signage about the address, private drive/property or not AirBnB all sound good. Doesn't help when GPS gets things wrong, that happens here too.

And finally, a driveway alarm is nice too. While it won't stop people coming up the drive, it gives you a headsup that something or someone is approaching. I have those too, while I don't use them for the drive/road anymore, I have them placed in a couple of areas to alert if something like a dog/deer, etc. is moving along certain paths.

Just some thoughts.
 
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I was going to suggest a rope or chain across the driveway as well, it does need to be visible/flagged so no one drives into it and I would say set back onto the property enough so a person could pull in and be able to back out.

It would be inconvenient for the OP, yes, but it's still a viable solution to not having a gate.
We slowly over time have been able to fence in most entry points, at least in the immediate areas around our home. Worth it! Also saved to finally get a gate opener, oh my, that's a luxury. No more having to get out in the rain, snow, etc. to fiddle with gate latches, opening and closing, etc. LOL

Custom signs are a great idea too. Clear signage about the address, private drive/property or not AirBnB all sound good. Doesn't help when GPS gets things wrong, that happens here too.

And finally, a driveway alarm is nice too. While it won't stop people coming up the drive, it gives you a headsup that something or someone is approaching. I have those too, while I don't use them for the drive/road anymore, I have them placed in a couple of areas to alert if something like a dog/deer, etc. is moving along certain paths.

Just some thoughts.
Oh driveway alarm is a good idea. We have cameras that alert when it sees something. All very helpful.
 
Well, this may have just got more interesting than I was hoping for. A neighbor thinks at least a few of the weird-plate "lost" cars I've been seeing are actually hound hunters that have come here for whatever reason looking for release spots. Just grand. Had a whole separate thread on that a while back. Well, that's half the reason I got my LGD and she has worked extremely well for that to date. I was originally not wanting to go full angry shut-in by blocking off my driveway, but last time I had to deal with that crowd, I had armed dudes in an SUV pull up to my house (which I believe is a felony here, but that doesn't matter when the nearest cops are 1/2hr away). I'd prefer they have a long walk if that's where we're going to be at.

Oh driveway alarm is a good idea. We have cameras that alert when it sees something. All very helpful.
Between my dog and parrot, I have a bit too good of a driveway alarm...also for the neighbors across the road...so I guess can alert them too if something strange pulls up there LOL

I have a trail cam. I might set that up to get a better look for things that don't come all the way up. In the mean time I will be looking for some dog on premisis signs.
 
I wish a sign like this one would actually work! 😂 It would solve so many problems...

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In the process of looking for "dog on premesis" signs, I found some that are more specific and say "livestock guardian dog on duty" which both makes it clear that there is a dog, doesn't say anything that would get me in trouble, and provides more information to those who know what LGD means (which a certain problem population typically does).
 

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