# Being sued for Bee stings?



## trance (Mar 29, 2013)

I'm not being sued but am curious about possibility. I have talked with a couple people who have helped but wanted to broaden my feedback about the subject. 

My question has been. Who offers Homeowners Insurance that covers bees. Not for selling Honey but if a neighbor or someone in the area gets stung and is allergic to Bee stings? I guess there could always be different reasons why someone would be stung. I live in a subdivision and lets just say for sake of argument my neighbor is mowing, a few bees head bump him as a warning and my neighbor freaks out and starts swatting or something and then they sting (Or come up with your own worse case scenario). 

So I am curious how many people have heard or been through a lawsuit because a neighbor was stung etc... Or maybe is it worth trying to find Insurance? I know many here probably live on large lots/land etc and doesn't matter but mainly curious what my fellow keepers who live on lots in a subdivision do if anything? 

I know some say not to tell your neighbors but I am in good standing with them, a few come over and offer a hand in the backyard when I need it. Infact 2 neighbors already saw the hives (No bees in it but...) The other neighbor, when mowing the yard can see into my yard through the fence as the fence isn't board to board (not sure what this style of fence is called) but if you look at an angle you can see the hives. 

When I had Venomous snakes, they freaked but no one caused a problem, most just didn't come in lol. However Venomous snakes were not loose and flying around the neighborhood but having said that Bees are around even without my hives so they would have to prove it was mine but as I said, worst case scenario my neighbor is weedwacking, hits a rock and thumps the hive or catches the bees on a bad day... I don't know. I guess some of the stories I have read on here freak me out, someone is 30 feet away and is stung, few bees patrol the windows and doors lol. I'm not making this up. 

If it was me I wouldn't worry about it but just wanted to ask what others like me do, if anyone has been sued or has had issues?


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## Andrew Dewey (Aug 23, 2005)

I have not pursued this sort of liability insurance but have thought about it.

should someone allege that they were stung by one of my bees, had a reaction and were thus injured, I think they would have a hard time proving that they were beyond doubt stung by one of my bees. There are lots of stinging insects in the world and there is no one claiming ownership of most of them.

I think (operative word think) that as long as you can demonstrate that you were following best bee keeping practices (ie providing a water source, keeping flight ways elevated) that you shouldn't have a hard time defending yourself from a lawsuit. Not that defending yourself wont be expensive...


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## WWW (Feb 6, 2011)

I agree, it would be hard to prove that the bee came from your hives, but the expense of a law suit still exists. Andrew's advice is probably the best you can follow unless you remove them to an out yard.

Isn't it funny how far we have come, I remember when I was a child if you removed your shoes to walk through the yard then several bee stings was nearly always the result and an accepted thing however since ccd people have become accustomed to not having to deal with honeybees in the yard. 

I live in the country and the nearest neighbor is across the road from me but I have never told him that I have honeybees, and I plan on keeping it that way.


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## Tenbears (May 15, 2012)

Liability is lust that. We cannot determine the outcome of any meeting between animals and humans. I have bees land on me all the time all over the country. Rarely do I get stung. But then again I welcome them. I do not swat at them. I also raise, ride, and train horses. We are known for producing well behaved, cooperative, hind companion animals. However, No one can predict what another living creature will or will not do with 100% surety. That is why inherent risk laws were developed. As long as you make every effort associated with sound beekeeping practices you have done your part. As such you cannot be held accountable.. Some people may try, or threaten in hope of a settlement. However, there is one point to remember. Malicious prosecution is an intentional tort, and if someone unsuccessfully sues you , you can in turn sue them. For attorney fees, lost wages, and emotional distress. Bankruptcy can not be filed on an intentional tortuous act.


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## alblancher (Mar 3, 2011)

It's an interesting question. We have laws that address aggressive dogs and aggressive dog breeds. You have a greater responsibility to restrain/confine more aggressive breeds. I wonder if your potential liability would change if you where proven to be keeping bees known to be aggressive, Africans for example. 

Trance, when you kept venomous snakes was there a greater potential liability if a child visited your home and decided to play with the snakes?


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## dixiebooks (Jun 21, 2010)

trance;923264<snip>... Venomous snakes were not loose and flying around the neighborhood but having said that Bees are around even without my hives so they would have to prove it was mine but ....<snip>[/QUOTE said:


> I'd be willing to bet there WERE venemous snake around (not flying but there, nonetheless) but just not yours. Same with the bees, as you've already come to the conclusion. You're more likely to get hit with yellow jackets while mowing (or most any other yard activity) than you are by a honeybee. If someone gets stung and they try to say it was your honeybees that did it, they'll need to prove it, I think. -js


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## Mr.Beeman (May 19, 2012)

The possibilty does exists that it was not one of your (our) bees. Therefore, it cannot be proven beyond a shadow of doubt.


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## Beregondo (Jun 21, 2011)

IF a neighbor were stung, and 
IF he were actually injured, and 
IF he chose to sue you, and
IF he were able to show by a "preponderance of evidence" that it was not a bee from any one of hundreds of possible nesting places in hollow trees, walls, barrels, boxes, attics, eaves, garages, or abandoned homes withing a 2 mile radius, 
THEN you might have to worry about being held liable.

I think you're pretty safe.


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## trance (Mar 29, 2013)

alblancher said:


> Trance, when you kept venomous snakes was there a greater potential liability if a child visited your home and decided to play with the snakes?


I could not find any company that would cover venomous snakes. However I wasn't as worried because under Florida Law they must be in locked cages. Plus I had a secure room, no way out unless I left the door open... I could control the situation. I knew I was safe. 

I have 2 Rotties, I can't find Homeowners insurance that will cover them. Not as secure as a locked room for Venomous snakes but I do my best to control where they can roam (Keeping fences closed and locked, leash and so on...) I'm not saying they are "Bad Dogs" but they can be protective and it is my responsibility to protect people from any accidents by being a responsable dog owner. 

Dixiebrooks: Yes there are Venomous snakes all around, in fact a Cottonmouth was 15 feet into the wetlands from my backyard the other day. However there are different antivenoms used depending what species you are bit buy. I didn't really keep native Venomous snakes, I had Mangshan Vipers, Cobras, Rhino Vipers and so on... Had a neighbor described the snake that flared up like a Cobra I would be the first person they questioned. We do have to report each year what snakes we have and how many and also who we sell them to and what has died etc... 

A bee sting isn't that big of a deal I guess but say he is swarmed on for whatever reason, even by a few bees... I don't know. probably isn't nothing. No one on here has yet stated they have insurance so I'll probably not worry as well. Just want to be a responsible owner but also cover my butt for "Just incase".


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## libhart (Apr 22, 2010)

I'm not a lawyer and I don't play one on TV, but I'm fairly certain that there's no "beyond a reasonable doubt" rule in a civil suit, which this would be.

West Virginia is the only state that I know of that currently has a law which limits the liability of beekeepers *if* they're following best management practices as set forth by their apiary inspector. Florida and Tenn. both have laws stating the localities cannot make laws regarding beekeeping, only the state can do that there. If you're concerned, and you're at least thinking about it, I'd suggest getting involved with your state association and discuss proposing legislation limiting liability. The more states that implement such a thing the more other states can follow suit.


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## Cleo C. Hogan Jr (Feb 27, 2010)

Mr.Beeman said:


> Therefore, it cannot be proven beyond a shadow of doubt.


In a civil suit, the claimant does not have to prove beyond a shadow of a doubt, all he has to prove is a preponderance of the evidence. If someone is stung, multiple times, just a few feet away from multiple hives, most likely that is all that would be required. Even a single sting, near multiple hives, would likely be enough. Every jury may be different, but, you would still be out the cost of the proceedings. 

Farm Bureau in Ky. will insure as part of their Farm Insurance.

cchoganjr


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## BernhardHeuvel (Mar 13, 2013)

Read all about the health benefits of bee venom - and charge fees for the stings. :wink:


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## sqkcrk (Dec 10, 2005)

There is a book, "Bees and the Law" I think, written by a former Judge from Williamsburg,VA which addresses what one may encounter regarding Bees and Lawsuits. I bet someone could find a link to it. It's probably available thru Larry Conner's Wicwas Press or Dandant Books. Maybe it's available on line.


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## JohnBeeMan (Feb 24, 2004)

I have bee hives near my home. If a home visitor gets stung I do not want to worry about losing my retirement income to a lawsuit. I there forth have a specific bee liability insurance policy from Farm Bureau.

If I find any flying snakes I may need to add a rider to the policy.


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## Lburou (May 13, 2012)

I don't remember where, but one of the beekeeping sites I've seen has a speaker's list.....Sting liability was on the list of subjects.


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## libhart (Apr 22, 2010)

John,

You say it's a specific bee liability policy....is it really bee-specific or is it just a personal umbrella policy?


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## Cleo C. Hogan Jr (Feb 27, 2010)

JohnBeeMan said:


> I there forth have a specific bee liability insurance policy from Farm Bureau.


I also have Farm Bureau, and I sleep at night, knowing that Farm Bureau is awake, worring about my bees, but, not me.

The fact that I have bees on my farm, for sell, and honey production is noted on my policy. It is not bee specific, it is just noted.

cchoganjr


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## sqkcrk (Dec 10, 2005)

Product liability and Home Owners liability coverage I am familiar w/, but not specific bee liability. Are you sure? Can you Post the Policy Line description and ID Number if there is one? That sort of thing could come in handy. What does it cost you? Is it part of your Special Farm Package or your Homeowners Policy?


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## trance (Mar 29, 2013)

JohnBeeMan said:


> If I find any flying snakes I may need to add a rider to the policy.


Just for fun...

Here is your flying snake http://www.youtube.com/watch?v=iwDAsJCB2Pg actually it glides but is called a flying snake. However, I don't think you have anything to worry about as they are located on the other side of the world.


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## Cleo C. Hogan Jr (Feb 27, 2010)

Mark... I don't know of any specific bee liability in the Farm Bureau Farm Insurance Policy that I have. 

I checked and I disclosed that I had bees, to make sure i would be covered.

cchoganjr


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## Acebird (Mar 17, 2011)

I would be concerned with whether you can legally have hives in your back yard. If so, homeowners should cover you for any lawsuit. Having insurance doesn't buy you anything if you are doing something illegal. If owning some other animal prevents you from getting insurance than the bees are not the problem.


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## Nabber86 (Apr 15, 2009)

I am no lawer but I am pretty sure that in a civil case (neighbor sueing over see sting) the burden of proof would be a "preponderance of the evidence". 

"Beyond reasonable doubt" would be used in a criminal case.


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## Rader Sidetrack (Nov 30, 2011)

Here's a link to the book Mark mentioned:

http://www.amazon.com/gp/offer-listing/0915698072/ref=dp_olp_new?ie=UTF8&condition=new

Bees and the Law [Hardcover]Murray Loring (Author)

Priced from $56 (used) to $234 (new)

Published in 1981 by Dadant


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## Cleo C. Hogan Jr (Feb 27, 2010)

Acebird said:


> I would be concerned with whether you can legally have hives in your back yard.


I don't know of very many places where it is Quote, " ILLEGAL" unquote, to have bees. Some states, and some cities have regulations which govern the keeping of bees, but, very, very, few that I am aware of, make it lillegal to keep bees. These are normally associated with cities. In farming operations, bees are just another farming pursuit.

cchoganjr


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## trance (Mar 29, 2013)

I have checked my Homeowners Restrictions and it mentions nothing about Bees. Do many Homeowners restrictions clearly state bees?

I am legal with the state when it comes to Bees. 

About my dogs, I have been inspected by the Insurance company who did see my dogs. I also have 3 stickers on property of Rotties live here and beware of dog sign. Nothing was ever said to me nor did I bring it up when the inspector was here.


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## Batman (Jun 7, 2009)

Just casually reading this post and one thing that comes to mind is people almost always say "I was stung by a bee", even when they can't identify the critter that stung them. It's sad that bees are automatically blamed for most insect stings. I could just see a police line up now with different breeds of wasps, hornets, and bees up against the wall behing glass being asked to please step forward and say "buzz" as someone tries to identify the critter that stung them.

C2


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## alblancher (Mar 3, 2011)

I bet if you are worried about it you can call your insurance agent and get them on record one way or the other. I think most of us hobbyists would rather play ignorant and not have to pay for more insurance coverage.


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## trance (Mar 29, 2013)

I did, the agent asked the Insurance company without dropping my name and opening a can of worms. They said no! People can pretend like they are covered but when something happens, it's a different story. Insurance companies are here to make money and find ways not to spend money, you are never in Good Hands and they are never a Good Neighbor, they will try and find a way to weasle out of it and will if they can. In writing is a must!


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## Batman (Jun 7, 2009)

trance said:


> Insurance companies are here to make money and find ways not to spend money, you are never in Good Hands and they are never a Good Neighbor,


True that, and Flo will not show up to let you know that you are not alone. Heck, sometimes insurance companies are WORSE than Mayhem!

C2


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## Tom Brueggen (Aug 10, 2011)

I once had a guy give me his beehive because after three years of keeping them in his backyard (a townhouse, so the back yard was about 15x15') his neighbor got stung while mowing and he felt bad. I was happy to take the "mean" bees away. Now in this case, I don't know that the neighbor threatened action, but I believe there was an underlying fear that made the beek feel obligated to make some gesture of making it right.

Regardless, I now have a dozen hives in my suburban back yard, 10 of which sit in a space of another 150 SF. The neighbors kids routinely play safely just the other side of the fence. 

I would think the only risk is if you are knowingly breaking the law in keeping bees. In my case, my HOA prohibits harmless animals like chickens and ducks, but there is no mention, and therefore no restrictions on how many hives I can have. Carry on!


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## rniles (Oct 10, 2012)

trance said:


> I have checked my Homeowners Restrictions and it mentions nothing about Bees. Do many Homeowners restrictions clearly state bees?


Usually they will have a "nuisance" clause prohibiting you from anything that "is a nuisance or might become a nuisance" and is open to all sorts of conjecture and interpretation.


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## trance (Mar 29, 2013)

rniles said:


> Usually they will have a "nuisance" clause prohibiting you from anything that "is a nuisance or might become a nuisance" and is open to all sorts of conjecture and interpretation.


That could be anything but I understand.\


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## Acebird (Mar 17, 2011)

Cleo C. Hogan Jr said:


> I don't know of very many places where it is Quote, " ILLEGAL" unquote, to have bees. Some states, and some cities have regulations which govern the keeping of bees, but, very, very, few that I am aware of, make it lillegal to keep bees. These are normally associated with cities.


The last time I went through Jacksonville, FL. it looked to be a large enough city. Given that AHB is a risk they may have laws on keeping honeybees.


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## alblancher (Mar 3, 2011)

In civil suits I always thought the burden of responsibility simply came down to what should be considered reasonable. Having a dead pine tree in your yard leaning over your neighbors house, the neighbor telling you about it, you telling him to "stuff" it and the tree crushing his roof is different from lightning striking a healthy tree and it falling on your neighbors house. Could you have done something reasonable to prevent your neighbor's loss? Follow the codes developed by your municipality, they are there for a reason. A child climbing an 8 ft fence and drowning in your pool is different from you leaving the gate open "inviting" the child in.

If it can be shown that you keep aggressive bees, ignore codes, leave your yard gate open so children can mess with the bees you have a different liability from someone following the rules.


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## Cleo C. Hogan Jr (Feb 27, 2010)

Acebird said:


> The last time I went through Jacksonville, FL. it looked to be a large enough city.



Acebird... Florida is a unique state. It is one of a handful that have regulations regarding passing and enforcing regulations about bees, and in "MOST" cases, (NOTE "MOST"), prohibit the passing or enforcing of restrictions on bees at the local level. Restrictions on bees are reserved to the state level.

Perhaps someone familiar with the Florida law can chime in. I am a Florida resident, but do not keep bees in Florida. (Well actually I have one trapout in progress that Bev's Bees is looking after, and harvesting, while I am in Kentucky. All my bee operations are in Kentucky.

cchoganjr


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## gmcharlie (May 9, 2009)

Here in Il I have had 2 insurance companies drop me because of bees and 1 because of chickens.... And I live in the country...


As a genral rule if I were sued, I would hire an att. on behalf of the bees family and couonter sue for wrongful death and harsment arising fromn the attempted break in and trespas.


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## FlowerPlanter (Aug 3, 2011)

BernhardHeuvel said:


> Read all about the health benefits of bee venom - and charge fees for the stings. :wink:



Better yet sue them back for killing one of your pets.


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## rniles (Oct 10, 2012)

FlowerPlanter said:


> Better yet sue them back for killing one of your pets.


:applause:


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## BMAC (Jun 23, 2009)

Andrew Dewey said:


> should someone allege that they were stung by one of my bees, had a reaction and were thus injured, I think they would have a hard time proving that they were beyond doubt stung by one of my bees. There are lots of stinging insects in the world and there is no one claiming ownership of most of them.


I believe there is a federal law stating that honey bees are wild creatures belonging to no one person.


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## wildbranch2007 (Dec 3, 2008)

BMAC said:


> I believe there is a federal law stating that honey bees are wild creatures belonging to no one person.


since your from N.Y. and I moved here and have asked every local beek I know the following question. Since all land in N.Y. is considered posted no matter if signs are up or not, if some one is trespassing and gets stung am I libel ?? the individual was not invited onto the land?


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## wildbranch2007 (Dec 3, 2008)

also there was at one time a sticky at the top of ideas that someone was going to make available for questions that are asked over and over, I put an entry there that was written up by a lawyer regarding this very issue? anyone know where it went?


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## BMAC (Jun 23, 2009)

wildbranch2007 said:


> since your from N.Y. and I moved here and have asked every local beek I know the following question. Since all land in N.Y. is considered posted no matter if signs are up or not, if some one is trespassing and gets stung am I libel ?? the individual was not invited onto the land?


Considering the mislead liberal agenda that runs rampant in this state, you would most likely be held libel and loose most of what you earned so the unemployed trespasser could have a reasonable amount of money without earning it.


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## Acebird (Mar 17, 2011)

wildbranch2007 said:


> Since all land in N.Y. is considered posted no matter if signs are up or not, if some one is trespassing and gets stung am I libel ?


I have lived here a lot of years and I never knew of such a law. Why would anyone post if such a law exist? It is quite costly.


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## wildbranch2007 (Dec 3, 2008)

Acebird said:


> I have lived here a lot of years and I never knew of such a law. Why would anyone post if such a law exist? It is quite costly.


the Post standard newspaper every year, and once in a while one of the local tv stations, just b/4 hunting season has an interview with the DEC. The quote is always all land in NY is considered posted, somewhere in there they throw in that to be "legally" posted you have to replace the signs every other year. what the difference is between posted and legally posted is beyond this imported person? Trying to find copies of the correct law online and interpret hasn't helped.


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## BMAC (Jun 23, 2009)

Does it make you ask yourself why you moved to NY?


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## wildbranch2007 (Dec 3, 2008)

BMAC said:


> Does it make you ask yourself why you moved to NY?


I was transfered, not an option to not come. but i went and searched again on tresspassing and found the following from some trail club. seems they are always tresspassing but you will win if they see a sign, guess I'll put up those bee signs on all 4 sides of my hives.
NY State trespass law is derived from English common law. 

A person, who enters private property without honestly knowing the status of the land, is not subject to criminal trespass. 

According to NY State Penal Law 140.05, to be convicted of trespass it must be proven that the person knew they were on private land (see law below). If you saw a posted sign, read on a website, or heard from someone that the land was not public, this can be held against you. 

Just because you are unaware of the status of the land, doesn't make you immune to the law. An officer of the law can, and probably will, remove you from private land. If you come across any indication the land is private, you are obligated to remove yourself immediately. 

Just because you are unaware of the status of the land, doesn't mean you can't be charged and taken to court for trespassing. You may not get convicted, but it will still be a drain on your time and money. 

Theft or vandalism falls under another section of the law (Section 145) and can lead to felony charges if you enter private property and cause damage. 

You may not have the right to publish, sell, or promote photos taken while in the act trespassing. There is no law that specifically states this, but some lawyers can easily fit this under damages and you certainly be can be sued civilly. 

There are exceptions to knowingly trespassing if you are traveling by navigable waterways (see below) 

It's best to just avoid trespassing altogether. Ignorance is not immunity.


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## BMAC (Jun 23, 2009)

So in effect if someone trespasses on your property and gets stung you can actually sue them for damages as that honeybee or bees are now dead and will no longer thrive on your property.


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## Acebird (Mar 17, 2011)

wildbranch2007 said:


> Just because you are unaware of the status of the land, doesn't mean you can't be charged and taken to court for trespassing. You may not get convicted, but it will still be a drain on your time and money.
> 
> Theft or vandalism falls under another section of the law (Section 145) and can lead to felony charges if you enter private property and cause damage.


I wished it was that easy. We have trespassers by the hundreds. So much so that there is a permanent path through our property. While passing through they enjoy throwing rocks at the vehicles. They walk on RR tracks to get to our land and that is also illegal. They even camp on our land and argue face to face whether we own the land. It is a regular ritual for the city cops to chase them out in the summer because they start fires, burn trees, have parties and what not. What a joke that would be trying to prosecute these hoodlums base on:


> According to NY State Penal Law 140.05, to be convicted of trespass it must be proven that the person knew they were on private land (see law below). If you saw a posted sign, read on a website, or heard from someone that the land was not public, this can be held against you.


I spent my whole childhood walking, hiking, hunting and fishing on a farmers land but we respected the owners property. The owner didn't know us but he allowed us to go into his cooler and have a cold 1/2 pint of milk (back when it was real milk) when we went up to visit the farm. Sure was a nice treat.


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