Trespassing

ncscrubmaster

Twelve Pointer
Contributor
I’ll try to keep this short and to the point. I have some land for sale inside the city limits of Winston Salem. I have been trying to sell for years. I have a current buyer under contract that I think is going to back out. The main complaint from the potential buyers is neighbors interfering with there plans. When they have a meeting at the property or are walking it they are confronted by the neighbors. They are ask all kinds of questions and comments about they don’t want anything built. I think the buyers just don’t want to get caught up in the drama. I have told them to call me and I would run interference but they still go without me. My question is can these people be hauled off to jail for trespassing. I’m under the impression that the first time you have to tell them to leave and if they come back they are breaking the law. If I put up posted signs is that there warning and they are breaking the law when they step across the line. Also do you go ahead and contact the police and the sheriff and make them aware of the situation. I’m tired of the crap and I need to sell this land.
 

nchawkeye

Old Mossy Horns
Don't you just love nosy neighbors??? I could fill a book on stories of land that I have listed and had the neighbors try to submarine the sale...The worse was a redneck down in Davidson County that had built stands on the 207 acre property I had listed and was actively hunting it...The owner lived in Raleigh so it was impossible to control...He would drive by while I was showing and holler out the window of his truck "Don't buy it, it won't perk"...I confronted him about this and told him there were no records on file with Environmental Health and he said he didn't file them...Well, I had it perked, divided it up into lots and added "Already Perked" to the 11 For Sale signs I put on the property...Of course he used them for target practice but, within 18 months I had them all sold...Best part is 3 of the buyers are in law enforcement...I let them know of the neighborhood trespasser/poacher and he is no longer a problem...

Each situation and individual is different it may be that those nosy neighbors need a letter from an attorney or the local sheriff putting them on notice, without knowing the full story it's hard to tell...Good luck with it, it is a dang shame that others want to control what they don't own...If these folks walk, you might even want to list it with a local Realtor, the neighbors may find that they can't push over someone with experience...
 

ncscrubmaster

Twelve Pointer
Contributor
Don't you just love nosy neighbors??? I could fill a book on stories of land that I have listed and had the neighbors try to submarine the sale...The worse was a redneck down in Davidson County that had built stands on the 207 acre property I had listed and was actively hunting it...The owner lived in Raleigh so it was impossible to control...He would drive by while I was showing and holler out the window of his truck "Don't buy it, it won't perk"...I confronted him about this and told him there were no records on file with Environmental Health and he said he didn't file them...Well, I had it perked, divided it up into lots and added "Already Perked" to the 11 For Sale signs I put on the property...Of course he used them for target practice but, within 18 months I had them all sold...Best part is 3 of the buyers are in law enforcement...I let them know of the neighborhood trespasser/poacher and he is no longer a problem...

Each situation and individual is different it may be that those nosy neighbors need a letter from an attorney or the local sheriff putting them on notice, without knowing the full story it's hard to tell...Good luck with it, it is a dang shame that others want to control what they don't own...If these folks walk, you might even want to list it with a local Realtor, the neighbors may find that they can't push over someone with experience...
I have it listed with a realtor. They just don’t seem to care. They are bold for sure but I’m done at this point. They are use to having 19 acres attached to there property and not having to pay for it.
 

agsnchunt

Old Mossy Horns
I’ll try to keep this short and to the point. I have some land for sale inside the city limits of Winston Salem. I have been trying to sell for years. I have a current buyer under contract that I think is going to back out. The main complaint from the potential buyers is neighbors interfering with there plans. When they have a meeting at the property or are walking it they are confronted by the neighbors. They are ask all kinds of questions and comments about they don’t want anything built. I think the buyers just don’t want to get caught up in the drama. I have told them to call me and I would run interference but they still go without me. My question is can these people be hauled off to jail for trespassing. I’m under the impression that the first time you have to tell them to leave and if they come back they are breaking the law. If I put up posted signs is that there warning and they are breaking the law when they step across the line. Also do you go ahead and contact the police and the sheriff and make them aware of the situation. I’m tired of the crap and I need to sell this land.

I would ask an attorney, but they're potentially intentionally interfering. You could have an attorney write a letter and go from there.
 

ncscrubmaster

Twelve Pointer
Contributor
Does your Realtor sell much land or are they used to selling homes?? Hell of a difference...
They sell land for development and are a pretty big company. They are not local so they are not around. They try to keep the deal on track but other than that not much help.
 

beard&bow

Twelve Pointer
Contributor
They sell land for development and are a pretty big company. They are not local so they are not around. They try to keep the deal on track but other than that not much help.

Same company for years, I may would look in a different direction if you can. Plenty of ways to skin a cat. It skinning itself ain't usually one of 'em.

Sounds like @nchawkeye can set you right.
 

RJ1

Ten Pointer
If you know there address have your lawyer or you can do it yourself, send them a certified letter return receipt requested, telling them that they have no right to be on your land at anytime and if they are caught on it they will be arrested, Keep a copy of the letter for yourself next time they are seen on it go take out a warrant for their arrest. This takes care of all the face to face BS you have to do to get someone arrested for Trespassing, I myself prefer doing it the face to face way myself but on the advice of my lawyer I have used this way to.
 

SpellNC9

Six Pointer
We have 2 businesses, one in Winston (Hanes mall Blvd) and one in Clemmons. When we have a problem with a homeless weirdo we call the police. They told us the first time we call they are told to leave and not to come back (Warning). The second time they are there and we call the police they are taken to jail. It's worked for us the last two years.
 

ScottyB

Old Mossy Horns
Contributor
I didn’t think you needed a warrant any more for trespassing…… properly posted land gets you a ticket on the spot…..post it….. take pics of it posted…. Take a buddy and walk the property…. See who approaches…. Video them on property and call the law
 

Bailey Boat

Twelve Pointer
I've been dealing with Nimby's (Not in MY backyard) for over 30 years developing real estate into apartments and they are never going to change regardless of what you post or who is handling the land. Skip all of the BS and have your lawyer file for injunctions that prevent them from stepping foot on your land or talking to any prospect that may be looking at the parcel. The local sheriff's office serves the injunctions so there isn't any question about proper notice.
 

Lakeview Bear

Ten Pointer
Contributor
I hate these developments with apartments, I think they do more harm than good for the community, i.e. huge amount of people that don't own anything but vote like they do...but if it ain't my land and I cant buy it then I can't do anything about it. I hate this protest and be obnoxious to force people to your way of thinking, that is not how a civilized society works.
 

30/06

Twelve Pointer
Bought some land in Northern Person county. They are putting the driveway in now. Stopped by to check progress over Labor Day, guys doing the driveway told me people pull in every day asking them what they’re doing and what the owners plan to do with it.

Told em to tell them they were cutting a road in for the new landfill.
 

DeerManager

Eight Pointer
No law says that someone has to be warned for the first offense. However it has became became a common trend and social acceptable that a warning be advised for the first offense. I would contact the local law enforcement of the area , the trespassing and harassment is taking place, to see what they recommend. Hopefully, law enforcement in that area has a close to zero tolerance on law breakers.
 

ScottyB

Old Mossy Horns
Contributor
If you can get them folks a ticket for trespassing…..then show up on court date and explain what they were doing to the court……probably lighten the wallet a pile and then it will stop…….
 

bwfarms

Old Mossy Horns
Posted or not, a person is trespassing if that person has not gained permission. Just cause my land is not posted doesn't give you the right to come on it for personal satisfaction. The system has a majority us thinking nothing can be done just because there is no warning sign, which is not true.

NC trespass laws are week. Basically you owe the same egress to someone else as you would owe UPS delivering your package.
 

sky hawk

Old Mossy Horns
Contributor
Posted or not, a person is trespassing if that person has not gained permission. Just cause my land is not posted doesn't give you the right to come on it for personal satisfaction. The system has a majority us thinking nothing can be done just because there is no warning sign, which is not true.
My understanding is what can be done is to give them a warning and if they return they can be prosecuted. Have you ever had someone successfully prosecuted for trespassing on unposted property on the first offense?
 

CRC

Old Mossy Horns
My understanding is what can be done is to give them a warning and if they return they can be prosecuted. Have you ever had someone successfully prosecuted for trespassing on unposted property on the first offense?

The trespassing laws were changed a few years ago.

Nobody apparently wanted that changed.

And it wasn't.
 
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