How to deal with trespassers on property?

[ImTheDude]

I bought 160 acres in hughes county last April that has an oil and gas road going through the heart of it. The only people that have an easement for the property are the oil and gas companies. So, over the years the previous owner rarely if ever visited the property and people used the road to access ponds on the land and the owners to the north used it as a short cut to the south side of their land (they also cut their own road through a wooded area on our land just off the oil road). Once we bought the land we had the oil company put up a locked gate. The owner to the north went around the gate and drove through a bunch of brush to get back to the oil road. So, we put up a barbed wire fence in areas that would he might be able to drive through as well as a bunch of t posts blocking the road he had cut through. Last weekend I was out to hunt and noticed where he had driven a 4 wheeler through some even thicker brush and used his trail again. Fast forward to today and my brother is hunting the land this morning and the lock is cut and the gate is wide open.

So, I guess my question is what's the best way to handle this, especially when dealing with oil and gas companies? I've already contacted them and told them I understand they have oil and gas rights, but we have the right to protect our land and we'd be putting a chain/lock on the gate today that nobody is going to cut through.

It's bad enough I have a pumper truck driving through, but I'll be damned if I'm gonna have other people that don't have a right to driving through as well and screwing up our hunts. We've also picked up numerous beer cans along the road and trail that were cut through. At this point, it's going to end very badly for the guy if he's caught out there.

 

[The German]

Did you put up any posted signs? Do you know where the atv guy lives?

 

[caojyn]

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Caltrops

 

[Rabbitcreekok]

I would suggest putting up posted and no trespassing signs and contacting the county Sheriff and filing a complaint for trespassing and damage to your property. If you try to take personal, physical action against the trespassers, you will most likely be in the wrong, think assault. Ask the Sheriff what actions you can take to resolve the problem.

Also, you might try to contact the ATV guy and have a conversation with him concerning trespass. That might resolve the problem agreeably.

 

[tran]

Hide some trail cameras up in trees facing downward and when you get them call the Sheriffs Dept or just brush them in real good on known trails they are taking.

 

[120 Acres]

Lots and lots of signs.

I have my property marked very well, but of course, this doesnt stop the person that doesnt care one way or another.

I am completely fenced in. I have cut a perimeter trail around my land that I ride my 4-wheeler on. I do this regularly to see if there is anything out of the ordinary. If I find something, I keep a close eye on it to make sure it wasnt anything to worry with.

If people are hunting your land, be sure you are armed when you "ask them to leave". You, as the land owner, have the right to have them empty their gun on the spot when you escort them to the property line & meet the Sheriff.

 

[ImTheDude]

We are doing the signs today, but I'd say a a gate with a lock is a crystal clear message. I also talked with the game warden and he said he'd help as much as possible, but to contact the county sheriff even though it won't do much good. They'll just tell you it's a civil issue. But I'll still call them today just to make sure it's documented.

 

[120 Acres]

They'll just tell you it's a civil issue. But I'll still call them today just to make sure it's documented.

They might have a different attitude when youre holding someone for them to come pick up!

...but dont forget, there are some real crazies out there.

 

[Master Carper]

If any of these guys are armed, whether it's a shotgun, rifle, pistol or even a bow, you can file a "criminal trespass" charge against them IF your property is properly posted against trespassing...

"Signs are required at all entrances and all corners and at 200 yard intervals along property lines" - Oklahoma law!

 

[Surveyor1653]

From the information you've provided, I would suggest contacting a real estate attorney. I hate to say it, but the other guy could potentially have a claim for a prescriptive easement over your property. Your attorney can advise you on that and whether or not you might have a claim under your title insurance if it turns out to be the case. Either way, spend the money and get an attorney involved.

Did you have the property surveyed when you bought it?

ETA: What Dennis said below: You can't bar the oilfield guys from accessing the wells if they have an easement. Typically, there are as many locks on a gate as there are authorized entities. If it's just you and one company I'd just padlock the gate and give them the combo or a couple of dup'ed keys for the lock but, no, you can't bar their access.