Forum Index > Public Lands Stewardship > "Squating" VS "Tresspasing"
 Reply to topic
Previous :: Next Topic
Author Message
altasnob
Member
Member


Joined: 29 Aug 2007
Posts: 1365 | TRs | Pics
Location: Tacoma
altasnob
Member
PostThu Nov 30, 2023 8:17 am 
NightOwl wrote:
Randito wrote:
Under Washington law, on undeveloped land, it is only considered trespassing if a person will not leave when asked.
I'm curious where you're getting this from. When I look at the laws, it says "entering or remaining" is trespassing, not just remaining.
Ya, I don't know where Randito gets that from. The law for Tresspass in the Second Degree in WA is pretty clear. The key factor is "knowledge." You have to know you are trespassing across someone's land. Hence, all the "no tresspass" signs you see to put you on notice.

Back to top Reply to topic Reply with quote Send private message
Malachai Constant
Member
Member


Joined: 13 Jan 2002
Posts: 16073 | TRs | Pics
Location: Back Again Like A Bad Penny
Malachai Constant
Member
PostThu Nov 30, 2023 8:27 am 
Another reason for “No Trespassing” signs is that with no sign you can be held liable to a person injured on your land. With the sign you are only liable if you set a trap or shoot a trespasser.

"You do not laugh when you look at the mountains, or when you look at the sea." Lafcadio Hearn
Back to top Reply to topic Reply with quote Send private message
altasnob
Member
Member


Joined: 29 Aug 2007
Posts: 1365 | TRs | Pics
Location: Tacoma
altasnob
Member
PostThu Nov 30, 2023 9:14 am 
But Washington has a recreational immunity law that allows property owners to permit people to recreate on their private land (like hiking) and avoid liability. So if a property owners decides to forgo surrounding their property with no trespass signs, and someone ends up walking on their land, injuring themselves, and suing, the property owner can use this law to get the lawsuit dismissed.

Back to top Reply to topic Reply with quote Send private message
Malachai Constant
Member
Member


Joined: 13 Jan 2002
Posts: 16073 | TRs | Pics
Location: Back Again Like A Bad Penny
Malachai Constant
Member
PostThu Nov 30, 2023 1:18 pm 
Yeah that was the ski area immunity act of 1991 broadened somewhat. Normally skiers would be considered invitees who the owner would be strictly liable for injuries. Do not think it would apply to squatters.

"You do not laugh when you look at the mountains, or when you look at the sea." Lafcadio Hearn
Back to top Reply to topic Reply with quote Send private message
Brucester
Member
Member


Joined: 02 Jun 2013
Posts: 1091 | TRs | Pics
Location: Greenwood
Brucester
Member
PostTue Dec 19, 2023 5:05 am 
Digging for bottles in this town. 'Met the 'owner. He said basically permission do your thing, just don't get hurt and blame me. Many moons before that met 'owner in Montana. Fences being signs, theoretically. The NT sign, the occasional warning labels. Our backpacks were our story and our tale of walking from Canada to Mexico set him to ease. Honesty will set you free to roam without drama. Leave no trace and don't dillydally. Don't be a d*ck.

Back to top Reply to topic Reply with quote Send private message
Randito
Snarky Member



Joined: 27 Jul 2008
Posts: 9487 | TRs | Pics
Location: Bellevue at the moment.
Randito
Snarky Member
PostTue Dec 19, 2023 10:02 am 
altasnob wrote:
NightOwl wrote:
Randito wrote:
Under Washington law, on undeveloped land, it is only considered trespassing if a person will not leave when asked.
I'm curious where you're getting this from. When I look at the laws, it says "entering or remaining" is trespassing, not just remaining.
Ya, I don't know where Randito gets that from. The law for Tresspass in the Second Degree in WA is pretty clear. The key factor is "knowledge." You have to know you are trespassing across someone's land. Hence, all the "no tresspass" signs you see to put you on notice.
https://app.leg.wa.gov/RCW/default.aspx?cite=9A.52.010
Quote:
A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him or her by the owner of the land or some other authorized person, or unless notice is given by posting in a conspicuous manner.

Back to top Reply to topic Reply with quote Send private message
   All times are GMT - 8 Hours
 Reply to topic
Forum Index > Public Lands Stewardship > "Squating" VS "Tresspasing"
  Happy Birthday moosefish!
Jump to:   
Search this topic:

You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum