Private Property Off Road
07-22-2011, 05:55 PM
#21
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i think here in texas landowners have the right to shoot if your are trespassing? even hang you if you mess with their cattle....im not sure of the laws anymore, they change daily now adays
EDIT: i shouldnt say ''mess with their cattle''..more like kill the cattle or interfere with their livelyhood
EDIT: i shouldnt say ''mess with their cattle''..more like kill the cattle or interfere with their livelyhood
07-22-2011, 06:25 PM
#22
I Like Tires
In Texas you have the right to shoot someone for trespassing on your property after a warning ( be it verbal or warning shot ). If his back turns toward you and appears to be making an exit for the property you are no longer allowed to fire. If he is in your house you may fire at him with no warning until his foot is out the door. Same if you find them destroying or stealing property. You have to instruct them to stop with their actions or risk being fired upon and if they don't stop you may fire.
07-23-2011, 04:42 AM
#24
opinions are like *****...
I think some people were getting the castle doctrine confused. You can shoot someone invading your house, car, or place of business. You can shoot cattle rustlers (thieves). Trespassers do atleast have to be warned verbally even with signage I believe, can someone verify?
07-23-2011, 02:12 PM
#25
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Originally Posted by MR.FX4
I think some people were getting the castle doctrine confused. You can shoot someone invading your house, car, or place of business. You can shoot cattle rustlers (thieves). Trespassers do atleast have to be warned verbally even with signage I believe, can someone verify?
07-25-2011, 08:37 AM
#27
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My dad (lawyer) was explaining this stuff to me the other day and it is the landowner's obligation to post it as private property and wouldn't be able to prosecute you without a clear sign that you are trespassing. This came up because a guy was killed when he rolled his atv on land that he was trespassing on but it was not posted so now the family has a legal right to sue the landowner because the land wasn't marked.
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07-26-2011, 10:22 AM
#28
People are talking about different issues, and thus, there are different rules. I'm saying that if you go 4-wheeling on my land and get hurt, and you trespassed to do so, I'm not liable. You can't sue me for your injuries.
Now the castle doctrine is another issue. If you step foot in my house and you are an intruder, I can (and will) shoot to kill. (In some pansy states, you have to "retreat" in your home until you can't retreat anymore before you can shoot an intruder-terrible law, but the law nonetheless). That's different than if you were 4-wheeling on my land. I can't just shoot you for trespassing and 4-wheeling.
07-26-2011, 10:39 AM
#30
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Originally Posted by texasgator
To clarify, above I was talking about "civil" trespassing. Criminal trespassing is another different issue, which is what you may have been thinking of.