Quote:
Originally Posted by Descant
I know this is troubling to the OP, but I can't help wondering about some things. For example, is it a driveway, or as is not uncommon, a class VI road where it is illegal to block? Do the trespassers have permission from a previous owner? Is adverse possession for lake access possible, etc.
It would seem to me that the chain going up and down is an obvious indicator that nobody is home.
To the OP: Where's "your guy"? Most people have a "guy" who watches the place when it is vacant to be sure it doesn't freeze up, or a tree fall into the living room, or shovel the roof, etc. while nobody is there, etc. Maybe the guy who plows? You do keep the access open so fire apparatus can get in, right? (if not, does your insurance co know?) BTW, for the posters above, if some trespasser sues you, your insurance carrier provides defense costs. No charge to you.
If you've gone to the expense of trail cams, there's an opportunity for some fun here. It shouldn't take much to add a speaker/microphone so that you can talk to the trespassers on camera from your cell phone. Scare their pants off. Double it and make your signal cannon remote controlled. You only get one shot, but still fun.
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None of this is applicable.
If anyone is interested:
Landowner Liability Law (RSA 508:14) and Duty of Care Law (RSA 212:34).
From NH Fish & Game
“If someone uses your land for outdoor recreational activities and they get hurt on your property, you assume no responsibility or incur no liability. You are protected whether or not you give permission to use the land, and whether or not you sign your land as “No Trespassing”.
There are a few situations where you are not protected. These include charging a fee for entering the property to recreate, maliciously failing to warn against a dangerous condition, and intentionally hurting the recreational user.”
These are among the strongest landowner protection laws I have seen.