coinman123
Silver Member
- #41
Thread Owner
I will drive by next time I am in the area and see if there are any posted signs, hard to tell from a Google street view.
20 years. Twenty years is a magic number in the law pertaining to trespass and right of way. If a trail is established and used for 20 years without the property owner, including governments, then they can be sued for establishment of right of way. This doesn't give rights to usage of the land through which the trail passes but even that has been upheld in court for specific limited use. A property owner has the obligation to identify, protect and impede the access and use of their property from the public. The law says that the public must be 'notified' of any restrictions. That's what no trespass signs are for. That's what private property signs are for. That's what fences are for. All these are legal notices of private property and the owners wishes. As a property owner you cannot assume that the public knows the boundaries of your property. You must give 'notice'.
It doesn't matter if there is a trail or a fence or a sign. All that goes out the window when you enter private property with the intent to search for and take for yourself things of value. That's theft of private property - not trespassing and not destruction of property - theft.
If you somehow think you can claim you entered private property with a searching machine but you only intended to take things of no value the judge will dislike you for considering him a fool. You really don't want to fool with the judge when you are answering a trespass/theft charge.
The fact of the matter is when it comes to property and the law nothing has changed - if it ain't yours you need written permission to have it. Talk of public trails, trespassing and abandoned/repossessed are just weasel words when your intent is to find buried objects of value in a place you don't own and don't have permission to be. The issue is not how to cut the perfect divot or how to detect at night the issue is taking something of value without permission. This is kindergarten level morals.
And that is why some people in some areas have taken a dislike to metal detectorists. Not because honest metal detectorists ask permission before beeping. It's the metal detectorists that just take without asking that PO the locals. Can you blame them for wanting to ban a hobby that won't police itself?
If people want to keep metal detecting a public and respected hobby they need to act with respect for the people who own or manage the property they want to detect. Simple enough?
I noticed another, currently inhabited, house very close by (around 175 feet away from the abandoned house). The trail is farther away than I thought, according to the Google Earth path measure, the trail is around 250 feet from the house, or around .05 miles. I am very certain that the trail system is public, having looked it up and seeing it listed as popular hiking trails. Which department should I ask about the abandoned house?
I went to Zillow to see if it was sold anytime recently. They have a map showing each property and it's estimate and information. Even a friend's farm that he bought in the mid 1980's shows up on that map. The abandoned house in question doesn't show up as a property, but a blank space in between two properties.
I went to Zillow to see if it was sold anytime recently. They have a map showing each property and it's estimate and information. Even a friend's farm that he bought in the mid 1980's shows up on that map. The abandoned house in question doesn't show up as a property, but a blank space in between two properties.
then it's either on an abandoned road or street
from when the original town was layed out.
Example
View attachment 1445622
Or the Property Lines are not Spot on.
property Books & websites are Not 100% accurate.
it may be on one of the neighboring properties.
This is why when someone purchases a Property a Lawyer & deed Search is Needed .
I don't like to Argue but there are indeed Abandoned Properties.
At least here in PA. Occasionally I read about a Town trying to find the Owner of Dilapidated Properties
to Force them to tear them down. occasionally they Find there is no Living Person & No Tax Records.
At that point the Local Government has to jump through Hoops to get Possession in order to remove them.
However Just because you think a property is abandoned doesn't mean it is.
Judgement call, I detect what I consider to be abandoned property all the time.
I rarely will cross a barrier, even a tape line, I won't hop a fence, and if its posted "No Trespassing", I move on.
What website do you use to find that data? I have a hard time finding property data for some towns.
that is my County Tax Site.
Google your County Name & the words GIS & see if there is a Free tax site online
That's called the old fashioned way......Since the availability of Online Tax sites that is now My 1st. Go to.
without Tax site info,
I 1st look for Trespassing signs for a Signature.
Then Google them.
If there is no sign
The closest house for Info
If they don't know or say they live in another state , I explain to them why I asked And
what they think.
or who the grounds keeper is, if the grass is mowed.
sometimes the closest nosey neighbor is in charge.
and gives the go ahead.
I've also gone to the post office to ask what they know.
the fire company
and police their knowledge and opinion on unposted abandoned properties .
occasionally I have gotten the go ahead from them.
and since the neighbor is the one most likely to see me.
and the police are the ones who would show up if reported,
a go ahead from either one is as good and faster then hiring a real estate lawyer
I'm not giving legal advice here , just ways I've gained permission for empty places.