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Jessica
Consultant
Attorney Wendy, Expert
Welcome to Just Answer! My name is ***** ***** I will be assisting you today.
This is a back-and-forth chat format. Some questions require more detailed answers than others.
If it takes a moment for me to respond it is because I am indeed working on answering your question so you can expect a thoughtful, informational response.
I am sorry to hear about what is happening. I know that these situations can be both stressful and difficult, and we’ll do our best to provide the information needed to address them.
Attorney Wendy, Expert
Know your land. Take time to roam through and inspect your property.
Mark your land. Paint your boundary lines or trees frequently enough that the paint is always visible.
Control access to your land.
Meet your neighbors.
Don't be afraid to ask for help.
I hope you understand my answer to your question. I am more than happy to help you with anything further on this subject.
Thank you very much!
Ashley
Attorney Wendy, Expert
I am terribly sorry to hear you go through this; it must be difficult for you.
Attorney Wendy, Expert
Simply reply back if you require additional information and I will be happy to help you with any follow up questions.
Thank you and I wish you the best with your situation.
Ashley
Attorney Wendy, Expert
Regarding which bit please?
Attorney Wendy, Expert
Yes, that is most likely the case, unfortunately.
Attorney Wendy, Expert
Yes, but you better hire an experienced lawyer to assist you.
Attorney Wendy, Expert
Lawsuit
Attorney Wendy, Expert
Hello. My name is ***** ***** I am another attorney. I am happy to be assisting you today and thank you for using Just Answer. As an attorney with more than 20 years of experience, it is important for me to understand the details of your situation so I can be sure to provide the best information I can for you. Once I provide a response, you are welcome to reply back with any follow-up questions.
I am reviewing your question now and I may have some follow-up questions for you. Once I get the information I need, it may take me a few minutes to prepare a thoughtful and complete response. I thank you in advance for your patience.
Attorney Wendy, Expert
I believe I understand the situation as you described it. One thing I did not see is whether you have ever contacted law enforcement about this issue.
Attorney Wendy, Expert
I am getting ready to step away from my computer until later today, but I wanted to provide some information in the hopes it will help.
First, I know it is unnerving to have strangers - especially when they act so disrespectfully ***** ***** when you encounter them - on your property. It can be hard to know how to confront this kind of behavior when those you do confront are not willing to recognize your rights as the owner of the land.
Second, when someone trespasses on your land, you are NOT usually legally responsible for any injury that person may incur. If you were allowing the use of the shortcut, then you could have some legal liability for injury. But where you put up no trespassing signs and it is clear those crossing the property know you do not want them there, the law does not put the responsibility on you for their safety.
You can read more about the general law (which is consistent with NC law) in the links I will send in a follow-up message.
Finally, what you are describing is criminal trespassing, in violation of N.C. Statute ยง16-7-21. So, if you can contact law enforcement whenever you see this activity (on the non-911 number) and get reports that may help if law enforcement is able to identify and speak with those involved and also creates a record should anyone try to sue you for an injury to show their presence on the land was not with your permission.
I hope this information helps. Please let me know if there is any part of your question I failed to answer or that may be unclear. If you need additional assistance, feel free to reply to this message. Do note that I am away from my computer from time to time and will respond to any follow-up questions as soon as they come to my attention.
Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.
Attorney Wendy, Expert
Here is one of the links I mentioned discussing how a landowner is not generally responsible for injuries to trespassers: https://1800law1333.com/if-a-trespasser-gets-injured-on-your-property-can-he-sue-you/1-800-law-1333/
As mentioned in this article, it may be worth adding to your No Trespassing signs that trespassing on the property may be dangerous to lessen any chance you could be responsible for any injurty. And, though this article discusses NY law, NC law is similar on this issue.
Attorney Wendy, Expert
Attorney Wendy, Expert