Corner Crossing latest

[manitou1]

When this all started, I predicted that corner pins will start disappearing overnight once they lose in court. Now we shall see what happens. It might be fun to put some trail cameras on corner pins to see who comes in the dark of night with crowbars.

I guarantee some ranchers were out pulling survey markers withing 24 hours of the decision.

 

[Treeshark]

I guarantee some ranchers were out pulling survey markers withing 24 hours of the decision.

I’m not sure that wouldn’t be counterproductive to their cause though, right?

Wouldn’t that also make it harder to prove trespass?

 

[Wild Bill]

I’m not sure that wouldn’t be counterproductive to their cause though, right?

Wouldn’t that also make it harder to prove trespass?

They would be doing it in hopes that without it folks would accidentally trespass because there would no longer be a reference point to cross at, leaving folks with just their electronic device to guide them.

 

[Treeshark]

Thank makes sense @Wild Bill, but it seems to me that it would also be harder to prove they did anything wrong as well.

 

[Forkyfinder]

I’m not sure that wouldn’t be counterproductive to their cause though, right?

Wouldn’t that also make it harder to prove trespass?

No? Because the whole case was won, and was only winnable by, knowing exactly and specifically where to cross.

 

[Big Sky Guy]

They would be doing it in hopes that without it folks would accidentally trespass because there would no longer be a reference point to cross at, leaving folks with just their electronic device to guide them.

Correct but based on the case @seeth07 mentioned above where trespass did indeed occur it now seems possible and maybe even likely court will favor (probably just thrown out based on above rather than rule though) the party trying their best to follow the law. Especially if evidence the pin was removed is shown. In the case of absent pin electronic GPS is going to be next best IMO.

In regards to fences, all the fences that are “off” that I’ve seen are always beneficial to the private landowner and sometimes even 100 yards onto public. I’ve only been able to determine this through OnX, which while I understand it’s not exact, it’s certainly not off 100 yards lol.

 

[Bob-WY]

More curious to getting clarification on the part about no other public access. Does that mean if there's a road access 3 miles away you can't corner cross?

 

[Treeshark]

No? Because the whole case was won, and was only winnable by, knowing exactly and specifically where to cross.

Yes you’re right- but moving forward, I am just trying to think of what evidence would be used to prove trespass in the absence of a corner pin.

 

[Forkyfinder]

Yes you’re right- but moving forward, I am just trying to think of what evidence would be used to prove trespass in the absence of a corner pin.

I think a corner pin is the best thing personally.

I really think, the loudest noise we could make is having property corners contract surveyed and several people crossing those areas with precision.

 

[Treeshark]

I think a corner pin is the best thing personally.

I really think, the loudest noise we could make is having property corners contract surveyed and several people crossing those areas with precision.

For sure- I agree.

 

[warmer]

But But But, isn't removing pins a crime? Certainly, no landowner would ever consider violating the law.

 

[Wild Bill]

Yes you’re right- but moving forward, I am just trying to think of what evidence would be used to prove trespass in the absence of a corner pin.

If it were to go to court I'd imagine they would subpoena any phone or gps unit to get your track/location.

 

[SPDSpappy]

@Big Fin - Are you going to use your umbrella policy to test this in one of the states not included in the 10th Circuit? I'll join you if you do so they have to fight both of our insurance companies!!

 

[Wildabeest]

If it were to go to court I'd imagine they would subpoena any phone or gps unit to get your track/location.

But if that showed you crossing exactly at the corner (accurately or not), then it favors your case vs. the landowner. They wouldn’t even need to subpoena it because you would submit it to defend yourself.

 

[Wild Bill]

But if that showed you crossing exactly at the corner (accurately or not), then it favors your case vs. the landowner. They wouldn’t even need to subpoena it because you would submit it to defend yourself.

I'm thinking more along the lines of an unfenced corner. Plenty of them out there and if that pin disappears, good luck. Not something I would probably do, but I'm sure there will be plenty of folks emboldened to take chances now.
As mentioned earlier, I'm sure there will be some dumb@$$ influencers who'll make some videos showing us how to corner cross properly in any situation.

 

[VMHunter]

Now how do we get permanent ladders on all corners of Elk mountain ranch

They’d be better off being cool and putting in pass throughs in the corners so they don’t have people trying to break their necks going over on ladders.

But that ain’t gonna happen.

 

[TOGIE]

More curious to getting clarification on the part about no other public access. Does that mean if there's a road access 3 miles away you can't corner cross?

i haven't read the appellate ruling but i'm pretty sure Skavdahl was quite clear in his ruling that there has to be no other way to access the property. like literally no other way.

 

[VMHunter]

Better up your umbrella policy…

@Big Fin - Are you going to use your umbrella policy to test this in one of the states not included in the 10th Circuit? I'll join you if you do so they have to fight both of our insurance companies!!

 

[Wildabeest]

I'm thinking more along the lines of an unfenced corner. Plenty of them out there and if that pin disappears, good luck. Not something I would probably do, but I'm sure there will be plenty of folks emboldened to take chances now.
As mentioned earlier, I'm sure there will be some dumb@$$ influencers who'll make some videos showing us how to corner cross properly in any situation.

But if there’s no pin, what proof does the landowner have that the corner is somewhere other than where you crossed? Especially if you have proof showing that you crossed where you believed, based on best evidence, the corner rightfully is?

 

[BrentD]

i haven't read the appellate ruling but i'm pretty sure Skavdahl was quite clear in his ruling that there has to be no other way to access the property. like literally no other way.

Including helicopter?