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No Trespassing Signage And Curtilage


in vivo
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I have a few legal questions.

 

In terms of curtilage, can the language on a "No Trespassing" sign provide varying levels of legal protection for a property owner, or are they all considered equal? For instance, if a sign stated that a person needs "written authorization to enter", and "includes any and all government agents, except in case of a fire or medical emergency", would that provide anymore legal protection than a typical "No Trespassing" sign?

 

Another question is in regards to barriers and fencing. If the only public access to a property is beyond a gated driveway, or through 10'-20' of woods with no trespassing signs posted, is that enough to have the area around the home considered curtilage (with an expectation of privacy), or would a line fence be required?

Edited by in vivo
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If you live in the country,No Trespassing is all you need to keep hunters and other people off your property . I would suggest a couple Beware Of Dog signs too. But if you have rippers,then there are other painfull ways to keep them away. A nice hot wire can barely be seen in the light,and even less so in the dark. Cheap.too.

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What I'm wondering is whether anyone here has any first hand knowledge of what MI courts are looking at in order for the area around a house to be considered curtilage.

 

http://thelawdictionary.org/curtilage/

What is CURTILAGE?

The enclosed space of ground and buildings immediately surrounding a dwelling-house. In its most comprehensive and proper legal signification, it includes all that space of ground and buildings thereon which is usually enclosed within the general fence immediately surrounding a principal messuage and outbuildings, and yard closely adjoining to a dwelling-house, but it may be large enough for cattle to be levant and couchant therein. 1 Chit. Gen. Pr. 175. The curtilage of a dwelling-house is a space, necessary and convenient and habitually used for the family purposes, and the carrying on of domestic employments. It includes the garden, if there be one. and it need not be separated from other lands by fence. State v. Shaw, 31 Me. 523; Com. v. Rarney, 10 Cush. (Mass.) 480; Derrickson v. Edwards, 29 N. J. Law, 474. SO Am. Dec. 220. The curtilage is the court-yard in the front or rear of a house, or at its side, or any piece of ground lying near, enclosed and used with, the house, and necessary for the convenient occupation of the house. People v. Geduey, 10 Ilun (X. Y.) 154. In Michigan the meaning of curtilage lias been extended to include more than an enclosure near the house. People v. Taylor, 2 Mich. 250.

 

Law Dictionary: http://thelawdictionary.org/curtilage/#ixzz2gWpfT8hG

 

Hope this helps.

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  • 2 weeks later...

I have a few legal questions.

 

In terms of curtilage, can the language on a "No Trespassing" sign provide varying levels of legal protection for a property owner, or are they all considered equal? For instance, if a sign stated that a person needs "written authorization to enter", and "includes any and all government agents, except in case of a fire or medical emergency", would that provide anymore legal protection than a typical "No Trespassing" sign?

 

Another question is in regards to barriers and fencing. If the only public access to a property is beyond a gated driveway, or through 10'-20' of woods with no trespassing signs posted, is that enough to have the area around the home considered curtilage (with an expectation of privacy), or would a line fence be required?

Where did you see the term curtilage?

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There was a Big case about this same thing.

And No, No , No signs are insufficient.

It must be a fence..

I don't remember the case but the accused Had them every 50 feet.

Judge still would not see it as curtilage.

Guy got put in prison. Feds...

Just run some barbed wire from tree to tree surrounding your property, as well as signage.

Sucks, but it has happened.

Edited by ilynnboy
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There was a Big case about this same thing.

And No, No , No signs are insufficient.

It must be a fence..

I don't remember the case but the accused Had them every 50 feet.

Judge still would not see it as curtilage.

Guy got put in prison. Feds...

Just run some Barnes wire from tree to tree surrounding your property.

Sucks, but it has happened.

 

= the problem.  Stay off the Fed radar.

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  • 2 weeks later...

When the feds are involved, no one challenges jurisdiction, why. Feds only have authority on federal land.  In state court you need a privacy fence to be considered trespass and if any one looks between the cracks of the fence or looks over the top only then is it considered trespass (dealt with this in state court). Now the feds definition of trespass is "if you are not welcome you are trespassing".  When in court first question to be asked is where do the feds get their jurisdiction on private property? The highest law of the land is the sheriff, he is the only one elected all others get there authority from him, if he gave not authority then they have none. That also goes along with city, state, DNR, and all the other alphabet soup entities. Always ask for the warrant.

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