# Trespassing



## Guest (Jan 12, 2009)

I, along with a neighbor, own a small pond, maybe an acre total area. We have an abutter to the property who continues to skate/canoe after repeated verbal notices to get off the ice/water. Some notices have been responded to with vulgarity. We've had the police involved multiple times (almost yearly) to remove the trespasser, yet every winter, he's back out there with his buddies, drinking beer and playing hockey. To my knowledge, the tresspasser has never been arrested or issued a fine for this .

The abutter can enter the neighbor's half of the pond from his own shoreline (his property goes up to the shoreline, but no further). He'll then set up his hockey nets anywhere on the ice he finds suitable for skating. The neighbor has been legally advised that since the pond is out of their sight (wooded buffer) that they can claim ignorance to the trespassing in a personal injury lawsuit. We can view our part of the pond clearly from our house.

We're not able to fence the property due to both the co-ownership, as well as MA wetland protection laws. 

We're not trying to be bad neighbors here, but we do carry a rather large amount of personal injury risk here and are attempting to minimize our liability. We also fear any retribution or retaliation from the abutter, due to his disrespect and irreverence of prior police intervention.

Any advice from the law enforcement professionals here? Thanks.


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## BrickCop (Dec 23, 2004)

Trespassing is a misdemeanor with an in presence right of arrest only. I wouldn't hold your breath about fines/punshment as I believe the most one can get is 30 days. And to be perfectly honest I don't know many cops who'd lock a guy up for playing hockey on a body of water that didn't belong to him. Bigger fish to fry and all that...

I'm no expert on water rights or lack thereof, maybe an EPO is better suited to answer that aspect of it. I thought no one can own a body of water but then again the area you described is too small to be considered a pond or lake.

You should consult an ambulance chaser about the civil/liability issues. I understand you can't put up a fence but what about putting up a No Trespassing sign on a pole in the water about 3 feet from shore in front of the abutter's property? Granted that he will probably ignore it but I can't see how you could be held liable if you are prohibited from erecting a fence or other barrier (?) You could also send him a notice via certified mail with your property lines clearly marked on a plot plan and advise him that he is not permitted to enter upon your private property therein. Again he will probably ignore it but at least he won't be able to claim ignorance down the line.


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## Guest (Jan 12, 2009)

As a private citizen, you can file for a criminal hearing for trespassing against the neighbor. Go to the clerk's office of the local district court, tell them you want to file for a clerk's hearing, and they'll give you a self-explanatory form to fill out. Photographic and/or video evidence will be very helpful for the hearing itself.



BrickCop said:


> And to be perfectly honest I don't know many cops who'd lock a guy up for playing hockey on a body of water that didn't belong to him. Bigger fish to fry and all that...


If the caller could prove they owned the land, I'd give the guy one chance, then arrest him on the second time back there. It's easier to spend 30 minutes on a trespassing arrest than to waste multiple trips to tell someone to leave over and over again. One arrest should send the message.


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## BrickCop (Dec 23, 2004)

Delta784 said:


> If the caller could prove they owned the land, I'd give the guy one chance, then arrest him on the second time back there. It's easier to spend 30 minutes on a trespassing arrest than to waste multiple trips to tell someone to leave over and over again. One arrest should send the message.


Excellent point.


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## trueblue (Jan 21, 2008)

Delta784 said:


> As a private citizen, you can file for a criminal hearing for trespassing against the neighbor. Go to the clerk's office of the local district court, tell them you want to file for a clerk's hearing, and they'll give you a self-explanatory form to fill out. Photographic and/or video evidence will be very helpful for the hearing itself.
> 
> If the caller could prove they owned the land, I'd give the guy one chance, then arrest him on the second time back there. It's easier to spend 30 minutes on a trespassing arrest than to waste multiple trips to tell someone to leave over and over again. One arrest should send the message.


Or cause the suspect to return to the pond and use the caller's head as his new hockey puck


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## Guest (Jan 12, 2009)

trueblue said:


> Or cause the suspect to return to the pond and use the caller's head as his new hockey puck


Well, the choice is being shit upon, or standing up for yourself.


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## Tuna (Jun 1, 2006)

You have your hands full with this one. 1st, is all the property around the pond owned by just 2 people? I saw that your person in question owns to the water. 2nd, check your DEED. believe me when I tell you that alot of property under the water is public domain or state owned or not owned by the person who has waterfront. This happened when many ponds and lakes in Ma. were dammed and created for water power and irrigaton many years ago. 3rd is there any ramp or public access, easment or right a way. Any old water rights on the abutters deed? There is case law going back to the 1600s and some laws are so obscure when it comes to water rights. Go with a court complaint and get a hearing, good luck.


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## GreenMachine (Mar 26, 2007)

or just leave the guy alone and let them have a good time


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## phuzz01 (May 1, 2002)

BrickCop said:


> I'm no expert on water rights or lack thereof, maybe an EPO is better suited to answer that aspect of it. I thought no one can own a body of water but then again the area you described is too small to be considered a pond or lake.


Nobody owns the water! It's God's water!


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