23

In 2014 I hiked in the Adirondack Mountains, New York, United States of America. The trail passed a sign that had a single word on it: "POSTED". There was no other text on the sign either on the front or on the back. Not understanding what it meant, I ignored it. I camped around 10 metre behind it. When I returned the following day, a fellow hiker commented on it and told me I had camped in an area I wasn't supposed to enter in the first place.

According to this SE answer, in New York state specifically:

It is a defense to this type of trespass that there are not signs posted instructing people to stay off the property. It may also be a defense that any signs posted in the area are not in the proper place to be easily seen by visitors to the property.

Would a sign that only says "POSTED" with no other text be a sign "instructing people to stay off the property"? I wasn't shot and left no trace, so the landowner probably never found out I trespassed, but I'm still wondering about the validity of the sign that is cryptic to foreigners like me, who may not be familiar with the specific context in which the term "POSTED" is used on signs in the USA.

gerrit
  • 1,618
  • 13
  • 26

4 Answers4

10

This varies depending on the specific law of the state or locality involved.

In New York, the word "POSTED", along with the name and address of the owner is sufficient to notify people not to intrude, and anyone ignoring such a sign is technically trespassing (although, in practice, if such a person leaves the property when asked, did no damage, and appeared honestly ignorant, it is likely that no legal action would be taken).

In California, as specified by penal code section 553 (quoted in the linked answer) a sign for this purpose must include:

the words “trespassing-loitering forbidden by law,” or words describing the use of the property followed by the words “no trespassing.”

in letters at least two inches tall, and follow other specifications in the law. The word "Posted" is neither required nor sufficient, although the law calls land with such signs "posted property".

Amazon Dies In Darkness
  • 1,421
  • 3
  • 16
  • 35
David Siegel
  • 115,406
  • 10
  • 215
  • 408
8

New York's Department of Environmental Conservation offers direction on "posting" your land, the purpose of which is to identify the boundaries of your private land and to make others aware that the land is private and advise them that they are prohibited from entering.

The website says this about the specific formatting and location of the signs (emphasis mine):

Hardware and farm supply stores frequently carry signs for posting. Customized signs may also be obtained from local printers. DEC doesn't provide signs to private landowners unless the landowner is a cooperator under the Fish and Wildlife Management Act. In this case, they will be provided with "Safety Zone" signs. Cooperators provide free public access to most of their property in a large cooperative hunting/fishing area.

Signs must be a minimum of 11 inches by 11 inches. They also must bear the name and address of the owner, lawful occupant or other person or organization authorized to post the area. The sign must bear a conspicuous statement which shall either consist of the word "POSTED" or warn against entry for specified purposes or all purposes without the consent of the person whose name appears on the sign. These words must cover a minimum space of 80 square inches (about 9 by 9 inches) of the sign.

At least one sign must be set on each side of the protected area and on each side of all corners that can be reasonably identified. Signs shall be no more than 660 feet apart, set close to or along the boundaries of the protected area. The signs must be conspicuous - they should be high enough, and spaced closely enough to be seen. Illegible or missing signs must be replaced at least once a year.

So to answer your question, the sign, as you described it, was improperly formatted as it did not contain the contact information of the landowner, but it should still be sufficient to fulfil its purpose of advising you against trespassing on the land past the sign. These notices are valid, even if you don't understand the wording of the sign, as ignorance of the law is not an excuse for violating it, though from a practical standpoint you might be able to convince the police or the property owner to let it go based on your ignorance, provided that you then leave the property.

3

I assert it is illegal to trespass private property even without a sign in many regions, so beware of local rules.

It may be debated, that the sign is unclear to indicate permission or prohibition. Certainly "POSTED" carries as little information as only "WARNING" without further info.

Thus your action to leave without a trace was appropriate and unlikely to cause concern.

A proper sign might look like this. enter image description here

The no trespassing notice must be given in a posting in a conspicuous manner.

ref:
https://www.dec.ny.gov/lands/118436.html#Posting
https://thelawdictionary.org/article/laws-for-posting-no-trespassing-signs/
https://www.bestofsigns.com/blog/no-trespassing-signs-laws-what-a-sign-can-cant-do-in-all-50-states/

-1

As you already know, posted is a legal term with a meaning that is not obvious. As with all laws, ignorance doesn't absolve you of wrongdoing in a case where legal action is brought on you.

Example: A fire you started while camping burned down all the trees on the private property and the landowner sues you for a large sum for the damages. Showing up in court and claiming "I didn't know what posted meant" would not win your case.

Example 2: Landowner shows up in the middle of the night and demands you get off his property. You refuse to leave. Landowner calls the police. Police show up and you claim "I didn't know what posted meant". Police tell you to get off the land now or you will be arrested for trespassing.

mlander
  • 1
  • 1