leagle question

Wwildman

Wwildman

Never Give UP
Joined
Apr 16, 2005
Location
Garner, NC
After reading some post I am trying to figure out how it is detrmined that any trails that are not listed on your list are ileagle i.e.( powerline trails ,small trails in the woods anywhere usa)From what I reasearched as long as it is not posted and any of the land owners don't mind and you do not have written permission how is it ileagle ?
 
If you don't know, it is prob illegal. Since there are no posted signs in your yard, can I just wheel there??
 
This is the only one I read that has anything to do with powerline trails .

§ 14‑134.2. Operating motor vehicle upon utility easements after being forbidden to do so.

If any person, without permission, shall ride, drive or operate a minibike, motorbike, motorcycle, jeep, dune buggy, automobile, truck or any other motor vehicle, other than a motorized all terrain vehicle as defined in G.S. 14‑159.3, upon a utility easement upon which the owner or holder of the easement or agent of the owner or holder of the easement has posted on the easement a "no trespassing" sign or has otherwise given oral or written notice to the person not to so ride, drive or operate such a vehicle upon the said easement, he shall be guilty of a Class 3 misdemeanor, provided, however, neither the owner of the property nor the holder of the easement or their agents, employees, guests, invitees or permittees shall be guilty of a violation under this section. (1975, c. 636, s. 1; 1993, c. 539, s. 75; 1994, Ex. Sess., c. 24, s. 14(c); 1997‑487, s. 2.)
 
It is private property, so unless you get permission it is illegal.

In other words, unless they tell you you can, it is illegal. It is like my family's property up in PA. We take have ATV trails there, but I better not catch your ass on your ATV on my trails unless I told you it was ok.
 
Wwildman said:
After reading some post I am trying to figure out how it is detrmined that any trails that are not listed on your list are ileagle i.e.( powerline trails ,small trails in the woods anywhere usa)From what I reasearched as long as it is not posted and any of the land owners don't mind and you do not have written permission how is it ileagle ?
Click to expand...

Are you assuming that the utility company owns the land under power lines? They don't. They have an easement.

It's no different than the utility company having an easement to run sewer lines, power lines and water lines along the street at your house. That easement doesn't make it legal for me to ride in your front yard on their easement.
 
It is very possible for there to be 'legal' wheeling spots not on the list. Many people either own the land or have permission to wheel places.

That said, if you hear things that describe the place as:
*It's not posted
*We've always wheeled there without a problem.
*No one has ever complained.
*My friend jimmy said its ok.
*No one owns the land.
*No one will care.

You should at least think twice about it.. I'm not gonna say I've never done it but I know better now and choose to goto legal places. That's what prompted the list.

Is your land posted ? Would you be upset if someone did a donut on your front lawn because its not posted?
 
another thing i thought about while reading the other thread....

when you wheel at a legal place, most of the time there is heavy traffic. So when you break or get stuck, the next person down the trail is usually only a few minutes behind.

When you are wheeling illegally, you get stuck for days.

just another benefit of keeping it legit.
 
raleighjeepguy said:
I thought this thread was about Lab Beagle mixes. How disappointing!
Click to expand...

I actually thought so too when I read the title :lol:


As for the OPs question, I believe the posted/not posted only refers to the repercussions from the act of trespassing. If a land is posted no trespassing, then on the first offense a person can be charged with trespassing. If the land is not posted, then the person can only be asked to leave the first time, then after that first time the person can be charged if they return.
 
BigClay said:
As for the OPs question, I believe the posted/not posted only refers to the repercussions from the act of trespassing. If a land is posted no trespassing, then on the first offense a person can be charged with trespassing. If the land is not posted, then the person can only be asked to leave the first time, then after that first time the person can be charged if they return.
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I can't find Greg's old post about using a vehicle to cause damage (which was defined pretty loosely) on private property but I'll keep looking. Basically, what you say is true if you are afoot. Once you start dragging a machine into the equation, then it is a different story. Otherwise your front yard is fair game to any asshole who decides to give it a quick once over before you tell them to leave or post no trespassing signs.

Thanks,
Jason
 
hobie said:
Basically, what you say is true if you are afoot. Once you start dragging a machine into the equation, then it is a different story. Otherwise your front yard is fair game to any asshole who decides to give it a quick once over before you tell them to leave or post no trespassing signs.
Thanks,
Jason
Click to expand...

True, I was referring to posting or not posting things like hunting land
 
BigClay said:
True, I was referring to posting or not posting things like hunting land
Click to expand...


the law does not differentiate my prize stand of fescue from your....even if mine is pasture and yours is on a golf course or your front lawn ....its still destruction
 
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