# Boarders ex-barn owner trespassing - advice needed!



## Poco1220 (Apr 6, 2010)

*Long but PLEASE read and offer advice!*

My best friend started boarding her horse at my house a little over a month ago. She had a bad falling out with her previous barn owner and did not leave under good terms at all. This has also caused the barn owner to say nasty things about me to many people since she felt I was "stealing business".

Last week I noticed that the barn doors were not shut properly (you must move 2 sliding barn doors and unlatch a gate to get into our barn). I also noticed some carrot pieces on the floor. I really paid no attention to this as I assumed my friend had been out to see her horse during the day while I was gone.

Tonight when she came out I mentioned the barn doors to her as I want to make sure they are shut properly in case a horse were to get out of a stall, etc. She told me her former barn owner had actually JUST sent her a message on facebook stating she "stopped by" but nobody was home so she went and fed the horse some carrots and "checked in on him". 

I am *beyond* irate at this point! This is our home and private property. Not only did she show up with us not home (obviously our vehicles weren't in the driveway), but she just let herself into our barn. I have my stallion and a mare on contract to sell, my 2 huskies (who are not friendly wish strangers), and all my tack either in the barn or directly beside it. 

I was not given this news until late tonight but plan on calling the sheriff in the morning and filing a complaint. I really don't want to have her arrested (this time) but don't want to have to constantly worry about my horses and dogs and tack (as well as anything else on our property)!

I plan to put up *NO TRESPASSING* signs this week but if I'm not home it would be pretty easy for her to ignore and it's very easy to see if we're home or not just by vehicles. I really don't want to resort to putting a real lock on the doors or gates due to fear or not being able to get in fast enough in an emergency.

Advice please? I'm not only stunned (as she's an adult and farm owner AND twice my age) but as angry as can be! It also really concerns me as she could have easily gotten bit by one of the dogs by walking into the barn had they been loose instead of tied that day (by pure luck).

Help!


----------



## Dreamcatcher Arabians (Nov 14, 2010)

Post your property according to your state's laws and also post about your dogs so that no one can go on your property and a) claim they didn't know they were trespassing and b) that they didn't know your dogs aren't friendly. 

I'd also send her a certified, return receipt letter letting her know that you are aware she was there and let her know in writing that she is a)not welcome ever, b) trespassing and c) that you will persue a restraining order and legal action if she doesn't cease and desist immediately. 

Keep a copy and the service receipt in a clearly labelled file in your house or in a safe deposit box if you have one. Then if she doesn't stop the behaviour you have covered your steps in documenting that she's been advised if you need to go to court to get a restraining order.


----------



## Brookside Stables (Jan 16, 2011)

I would suggest posting 'private property' signs at the entrance to the property. Involving law enforcement at this stage will not accomplish anything. Most laws require notification of trespassing such as signs, locks etc... She may not know your barn is off limits, espcially if she was under the impression you were boarding horses. 

I would then call this person and let her know that you were told she had stopped out at your barn and no one was around, let her know your barn is private property and not open to the public. In the future if she or anyone she sends to you, they need to contact you, then offer your contact information. Be as friendly as possible. If she is at all professional, she will apologize and that will be the end of it. 

I understand how upset you are at someone being on your property and going into places you thought were secure. It does make the property owner defensive as heck and they have every right to be. Just remember to be the bigger person.

You can't prevent what people say about you, but you can control how you respond to it.


----------



## Poco1220 (Apr 6, 2010)

Added FYI - I do not generally board horses. My best friend was an exception with her horse staying with us. I don't take in boarders. She had asked previously about stopping out and seeing this horse and *was told no.* She was made well aware that I did not want her at our house and yet still chose to stop by when we weren't home...


----------



## AlexS (Aug 9, 2010)

Get a print out of that facebook message where she admits it and go to your local police. She has NO right to enter your property!


----------



## Brookside Stables (Jan 16, 2011)

Poco1220 said:


> Added FYI - I do not generally board horses. My best friend was an exception with her horse staying with us. I don't take in boarders. She had asked previously about stopping out and seeing this horse and *was told no.* She was made well aware that I did not want her at our house and yet still chose to stop by when we weren't home...


Since you have already explained to her that your property is off limits, you can go to your local law enforcement agency and file a complaint. What they will do is then contact her and explain to her that she is not permitted on your property and that further action can be made against her if she continues. This will start a paper trail. 

I work for a Sheriff's office in Iowa and these type of complaints require a lot of evidence/paper trail to take to court. Normally one call from the Deputy takes care of it. If it continues then they are given a promise to appear and everyone gets to go to court to speak to a judge. It is not a quick process at all.

Keep good records of dates and times, how you were notified and have those people write statements. All this will help you in the future in case it does go to court one day.


----------



## maura (Nov 21, 2009)

Poco, 

Originally I would have recommended that you contact her directly before going to law enforcement, but if she had been told previously that she wasn't welcome and came anyway, I think going to law enforcement now is the thing to do. 

PS - I had a similiar issue with the ex-wife of the person we bought our place from. A uniformed sherriff's deputy showing up at her job and calling her outside to have a conversation about the trespassing pretty much cleared the problem right up.


----------



## THN (Oct 11, 2011)

Dreamcatcher Arabians said:


> Post your property according to your state's laws and also post about your dogs so that no one can go on your property and a) claim they didn't know they were trespassing and b) that they didn't know your dogs aren't friendly.
> 
> I'd also send her a certified, return receipt letter letting her know that you are aware she was there and let her know in writing that she is a)not welcome ever, b) trespassing and c) that you will persue a restraining order and legal action if she doesn't cease and desist immediately.
> 
> Keep a copy and the service receipt in a clearly labelled file in your house or in a safe deposit box if you have one. Then if she doesn't stop the behaviour you have covered your steps in documenting that she's been advised if you need to go to court to get a restraining order.


That is perfect! Professional, to the point, and if further steps need to be taken you are ready.


----------



## Kiviknon (Jul 26, 2010)

If your tack is expensive, and what tack isn't, maybe you should set up some security cameras?

4 Channel Surveillance DVR with 4 Cameras and Mobile Monitoring Capabilities


----------



## wyominggrandma (Nov 4, 2009)

I would post the no trespassing signs, contact the local law authority and get it stopped before you find out more and more people are stopping by.
BUT, do not post about agressive dogs, or before you do find out the current laws. 
In most states,ff you post you have agressive dogs, then if someone gets bit on your property, even with the signs they can sue you because you are acknowledging that you have mean dogs. But if they come onto your property and are trespassing, then you stand a better chance of not getting sued for the bites since they had no business on your land.
If this was my situation, I would be bringing the police/sheriff into it immediately. Obviously since she had been told before that she is not welcome on your property, she is ignoring that and doing as she pleases.. Get the law involved before she or one of her cronies comes back when nobody is home and one of your horses gets hurt, or your friends horse or stuff gets stolen.


----------



## THN (Oct 11, 2011)

I think it's a 3 step process just like working with horses.
1) request- ask the person not to come on the property (already done).
2) insist - insist that the person does not come on the property or legal action will be taken (do now that she has disregarded the request)
3) make/force - though we never enjoy this step sometimes it is necessary. In this case it would be contacting law enforcement.

There is debate over the beware of dogs signs. My personal view is that you should put up signs and here is my logic. Your dogs are contained and not running loose all over the neighborhood. if someone chooses to enter their enclosure and have been forwarded than they are personally accepting the risk. You as the dog's owner have done everything reasonable to prevent someone being bit. your dogs were contained on private property and clearly labeled. If they get out however and are terrorizing children in the streets, then that is a different story and yes you should be held liable.


----------



## Allison Finch (Oct 21, 2009)

I don't know about YOUR state, but in NC if you told her that she could not come onto your property and she later did, you can go to a magistrate and take out a warrant for her arrest for trespassing. Even if you are home and she comes onto your property after being told not to can subject her to a trespassing complaint. You don't even have to call the police.
Here, the only way the police can arrest for trespassing is if they #1 witness you tell them not to come onto your property, #2 later, if THEY see her on your property. Then they can automatically arrest her on sight. Otherwise, it is up to you to take out the warrants.


----------



## Dreamcatcher Arabians (Nov 14, 2010)

Here's a copy of the OK Trespassing law section that describes what you must do to post your property, look for what's required in your state and follow it to the letter. 

1. Exhibiting signs to read as follows: "PROPERTY RESTRICTED"; "POSTED ‑ KEEP OUT"; "KEEP OUT"; "NO TRESPASSING"; or similar signs which are displayed. Property that is fenced or not fenced must have such signs placed conspicuously and at all places where entry to the property is normally expected; or
2. Placing purple paint marks on posts on the property, provided that the marks are:
a. vertical lines at least one (1) inch in width and at least eight (8) inches in length,
b. placed so that the bottom of the mark is not less than three (3) feet from the ground or more than five (5) feet from the ground, and
c. placed at locations that are readily visible to any person approaching the property and no more than one thousand (1,000) feet apart on land other than forest, and one hundred (100) feet apart on forest land.
B. Beginning July 1, 2005, when a landowner uses the purple posting to identify no trespassing, such marks must be accompanied by signs placed conspicuously and at all places where entry to the property is normally expected, explaining that the purple stripe means no trespassing, property restricted, or similar explanation of what the purple stripe indicates. Property that is fenced or not fenced and using the purple paint marks must have such signs placed conspicuously and at all places where entry to the property is normally expected. On and after July 1, 2006, no sign shall be required to explain the purple posting.


----------



## Joe4d (Sep 1, 2011)

DOnt know where you live, but in many areas , the physical act of opening doors and entering a building is breaking and entering you dont need a no trespassing sign on a closed building, Its a crime either way. Id call the cops and take out a warrant for felony breaking and entering, or at least criminal tresspass. If you are not willing to enforce the law then you will just have to put up with people helping them selves to your place.


----------



## lynn3765 (Dec 14, 2011)

My question here is...why did she feel she had the right to check up on a horse that was no longer boarded at her facility? Technically, going on any property to which someone really has no business being there is tresspassing in and of itself. If she was concerned about abuse issues, and I'll use this in general, the proper step would be to notify local authorities about the concern. This woman had some serious such and such to think she had the right to just traipse onto someone else's property, go into a closed barn and even worse, feed treats. If I am at a strange barn for whatever reason I never feed a horse treats without the owner's express permission and full knowledge.


----------



## mls (Nov 28, 2006)

THN said:


> That is perfect! Professional, to the point, and if further steps need to be taken you are ready.


Actually it's not perfect. Sad fact - Posting "Beware of dogs" is not a good thing to do. If the trespasser is harmed, they can prove you knew the dogs were agressive and sue.

Brookside is correct. Contact the local law enforcement and request a visit to the trespasser.


----------



## mls (Nov 28, 2006)

Dreamcatcher Arabians said:


> Here's a copy of the OK Trespassing law section that describes what you must do to post your property, look for what's required in your state and follow it to the letter.
> 
> 1. Exhibiting signs to read as follows: "PROPERTY RESTRICTED"; "POSTED ‑ KEEP OUT"; "KEEP OUT"; "NO TRESPASSING"; or similar signs which are displayed. Property that is fenced or not fenced must have such signs placed conspicuously and at all places where entry to the property is normally expected; or
> 2. Placing purple paint marks on posts on the property, provided that the marks are:
> ...


That is for land - typically to let hunters know where they cannot go. A homestead IS private property.


----------



## Saddlebag (Jan 17, 2011)

This fall a hunter was caught on my property. The police charged him with trespass which is in the same category as a speeding ticket - a $50 fine. But his name is now in the system. Should he reoffend in Ontario it will be more serious the next time. The land was posted No Trespassing. The law puts the ownus on the trespasser to learn where the boundary lines are. The fact that one has to pass thro a gate to get to your barn is a definite boundary. I would send her a registered letter stating that she is not to enter your property. Just one simple clear sentence. Keep the copy and any paperwork from the post office. If she shows up again call the police. They will talk to her and read her the riot act once you show them the documentation. It is more effective coming from them.


----------



## kait18 (Oct 11, 2011)

me being on the younger side, i can be a bit naive
but if you said she was not welcomed already before the incident she therefore trespassed. 
since she opened buildings and went indoors she then can be charged for breaking and entering and charges can be filed since she admitted it (if you still have the copy for proof not just the friends text alone )
i think posting signs at this point will be useless with her but for further problems i would put no trespassing up and beware of dogs. 

and mls in my state if you have the beware of dogs sign up and you have an aggressive dog and someone comes on to the property unannounced they are at fault if they get attacked. not the owners! 
(had to deal with this once) but judges will not charge an owner with a dogs assualt if there is proof the dogs are in a controled environment at all times. 

goodluck hope you get it sorted out my parents would go nuts if someone did that on our property for safety sakes not only just for trespassing


----------



## Poco1220 (Apr 6, 2010)

Lol this was back in October so has been long since handled. I filed a complaint with our sheriff and he exPlained to her that she was in the wrong and although I wasn't pressing charges this time the next time it would be considered Criminal Trespassing and she would be arrested immediately - no warnings, no tickets.
_Posted via Mobile Device_


----------

