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totresspassers
Apr 3, 2012, 6:39 PM
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This is private property and no trespassing signs have been posted, torn down, and re-posted. We are patrolling the property regularly and will prosecute anyone we catch. We have already caught three trespassers and have involved the police.
ALL property in Alabama is private unless otherwise posted, so the absence of no trespassing signs is irrelevant.
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wmshub
Apr 3, 2012, 6:51 PM
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This reminds me of the trouble that my grandfather had with the property that was his family's former farm. He would post "no hunting" signs around it, and every year they would get torn down and the hunters would go in then claim "there are no signs, so we have every right to be here." He had nothing against hunting in general, it was that he and his children went for frequent walks through the woods on the property and they didn't want to worry that an overeager or careless hunter would lead to an accident.
In general it's amazing how little respect people have when their hobby and a property owner's wishes conflict.
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totresspassers
Apr 3, 2012, 9:54 PM
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It amazes me how people can be unaware of the liability issues for property owners...or perhaps they simply don't care. We have found hunting stands, complete with phone numbers, on our property!
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csproul
Apr 3, 2012, 10:19 PM
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totresspassers wrote: It amazes me how people can be unaware of the liability issues for property owners...or perhaps they simply don't care. We have found hunting stands, complete with phone numbers, on our property!
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totresspassers
Apr 4, 2012, 3:35 PM
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That may well be the case, but we are not willing to take that risk.
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IPissonurproj
Apr 26, 2012, 2:46 PM
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"Git off my propertee!! That's muh piece of dirt in this world and i'll defend it from you, britain or any treehugger that thinks this world is god-given and shouldn't be owned!! i paid fer this dirt!"
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mainstreamkillr
May 2, 2012, 6:51 AM
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Is there some sort of agreement we can come to? Its a place i (and im sure others) enjoy climbing and i think we can find a reasonable deal where both parties are happy.
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totresspassers
May 2, 2012, 7:25 PM
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Yes, it IS a beautiful area and we want to keep it that way. Unfortunately we've had to pick up trash (beer cans, cigarette butts, plastic bottles, rugs, traffic cones, etc.) and the boulders themselves have been marred with blotches of white chalk.
Our attorney has advised us not to give permission for anyone to enter the property. We ARE monitoring it and catch students every week...
Thank you for asking though.
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doogievlg
May 2, 2012, 7:51 PM
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Is this like a college night bouldering area where only students can go becuase I dont understand why it is just students your catching. And is this a liability issue or a trash issue becuase I am sure that if your worried about trash all you have to do is post on here organizing a trail day to help clean up the trash. Most climbers are willing to help out and do anything to help landowners. Boulders are for one thing and thats climbing. If your not allowing climbing then they are just sitting around doing nothing.
(This post was edited by doogievlg on May 2, 2012, 7:58 PM)
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totresspassers
May 2, 2012, 8:17 PM
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The only ones we've caught have been students, and they have actually been very respectful. A few have even commented that they too have picked up trash, which we appreciate. We suspect that climbers are not the only ones who hang out there, they just happen to be the only ones we've caught. But it is ultimately a liability issue and signed releases, etc. don't hold up in court.
There is the larger issue, too, of respecting the rights of property owners to make decisions about their property. Just because swimming is my hobby doesn't mean I have the right to swim in someone else's pool without their permission. The same thing applies to boulders...
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jae8908
May 3, 2012, 2:32 AM
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I fully respect your decision of this as a landowner. I have personally never been to this property before so I wouldn't know about the quality of the boulders there. I do know that there is a way to make the liability releases hold up in court though or else horse pens 40 would not be able to stay open to the public. I have personally seen injuries there and due to the release that was signed, they cannot be sued or held liable. Horse Pens 40 has become one of the premier bouldering areas of the south as well as home of many events. If you wanted to make some money and allow climbers to use your property you could maybe contact Mr. Shultz and see how he devoloped HP40. If you want to restrict anyone from using the area however, I would suggest putting up no trespassing signs to make it known. It may even require an actual prosecution of some people as an example. Whatever you decide to do, I wish the best for you and hope the best for your property.
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totresspassers
May 3, 2012, 2:18 PM
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From what one YouTuber said, they are "pathetic" and I would have to agree from what I have seen on YouTube, etc. Everything is relative, and it appears we may be the only game in town. We DO have numerous No Trespassing signs posted, but they have been ignored. The police did tell us we might have to prosecute to stop it, and we will if we catch anyone twice. Anyway, thank you for your reasonable response and your suggestion. Perhaps someday we might be in a position to explore it.
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IPissonurproj
May 4, 2012, 1:34 PM
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Did your attorney also tell you to continue an open dialog on a public forum about your position?
Great legal advise..
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sungam
May 4, 2012, 2:17 PM
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totresspassers wrote: Unfortunately we've had to pick up trash (beer cans, cigarette butts, plastic bottles, rugs, traffic cones, etc.) and the boulders themselves have been marred with blotches of white chalk.
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SylviaSmile
May 4, 2012, 4:00 PM
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totresspassers wrote: From what one YouTuber said, they are "pathetic" and I would have to agree from what I have seen on YouTube, etc. Everything is relative, and it appears we may be the only game in town. We DO have numerous No Trespassing signs posted, but they have been ignored. The police did tell us we might have to prosecute to stop it, and we will if we catch anyone twice. Anyway, thank you for your reasonable response and your suggestion. Perhaps someday we might be in a position to explore it.
I just had to look up the video--I'm sure you all will enjoy this. It looks like Auburn must be a nearby university to this forbidden bouldering spot. Good luck with your private property! (edited to remove repetitive quoting)
(This post was edited by SylviaSmile on May 4, 2012, 4:01 PM)
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