Trespassing does not rank up there with murder or pedophilia when it comes to public outrage. I’m sure a great many people probably have no reason to think about it at all. I also suspect many people (if they do go on someone’s land) don’t think they’re doing anything wrong unless they get caught, a bit like speeding or pirating software. Trespassing is an ongoing concern for me. I have to admit to a certain level of ignorance as well hypocrisy when it comes to the matter. When I’m out hiking and photographing I constantly face decisions along this line.
I thought I would tackle the subject as a quick post but have discovered that, for me at least, it’s more complex than I first assumed. It actually exceeds what I can comfortably deal with in a single blog post. I will open the can, and depending on the worms that crawl out, perhaps do one or more follow ups. In a nutshell I would have to classify myself as less than innocent, I do occasionally cross private property. In my own defense I am certainly not a person out to harm others or their property, nor do I wish to infringe on anyone else’s privacy. In general I conduct myself in a courteous and ethical manner. Still, I cannot deny breaking the law in its most technical sense: I have entered onto private property without the consent of the owner.
The majority of the time my transgressions are not going to upset anyone. I know this and proceed with a clear conscience. The further from home I go the less I know about the landowners and the more careful/conscientious I become. Sometimes I will see an obviously abandoned house but to get a good photo I have to stand on what had been the lawn. I’m there less than a minute. It is trespassing, technically, but who is going to care as long as I don’t disturb anything? I reason and hope that no one is going to care. If I intend to make a series of shots and want to move on the property for more than a minute I will check with a neighbor. Sometimes I skirt private property by walking below the high water mark but if I am well away from any dwellings I will walk higher on the beach if it is easier to do so. Sometimes I will be on what I think is Crown land when it turns out to be privately held. And occasionally, yes, I knowingly trespass. I just take a deep breath and hope I don’t get caught.
Recently, I was confronted with the issue in New Harbour. I wanted a shot of the New Harbour River, plainly visible from the road where I parked my car. Getting to the river required crossing a field which was very obviously private land since an unoccupied house and barn were located near the road. My assumption: no signs, no occupant, no problem. I got to the edge of the water and noticed a truck stop to consider my car and then turn. This was the owner. As I walked up to speak with him I noticed several no trespassing signs, facing the water not the road, which I hadn’t seen. Ooops.
I apologized right away and explained that I hadn’t seen the signs, which was true. He was not upset. It was sheer coincidence that he and I were there at the same time. He said the signs were there because people had been damaging the property with trucks and he wanted to discourage them. He said I could go back any time. I had a nice chat, thanked him and moved on.
On another occasion, I won’t say when or where, I wanted to photograph a building on the opposite shore and to explore a scenic headland visible from the highway. I unquestionably knew I would be on private land. I seldom make such a deliberate decision like this but that’s a bit like telling a cop you hardly ever speed when he clocks you at 30 kms over the limit. Crossing the private property was merely a short cut. I could have gone round below the high tide mark but this would have added an hour of walking on slippery rocks.
So I went about my business of shooting photographs. I’m not sure how long this took but probably in the neighborhood of forty-five minutes. When I left the beach I had to go through a bit of woods which then emerged onto an overgrown field. A car was sitting 100 meters away on the otherside, idling.
I had no choice but to keep going toward it. If the guy was going to be upset then I had to face the music. Oddly, or so it seemed to me, the car pulled away as I approached. I don’t know if he saw me or had simply grown impatient or was just another nosy person with no right to be there? Part of me was relieved by the avoidance of a possible confrontation but part of me wanted to speak with this person because I did not like being there without permission. It would have been nice to know for sure if the property was off limits or like my earlier encounter a place I was free to visit again. If I go by in the future and see a car in the yard I am going to make a point of stopping to tell the owner I crossed his/her/their land and to find out once and for all if I can have access?
With that out of the way I must also admit to passing up a great number of opportunities. If there is fencing or proper signage I do not go on the property.
Much of my thinking boils down to respect. I think to myself: if this was my property would I mind someone being on it under these circumstances? The major objection I come up against is privacy. I would never want to infringe on another’s privacy. If a person has purchased a hundred acres of land because they want to eliminate being disturbed by other people then I, personally, am inclined to respect their wishes 100%. However, if I know a property is only occupied seasonally, I don’t have any great hesitation crossing when no one will be there. Staying below the high tide mark is fine for a beach but very often there are cliffs one can’t navigate – I think walking at the edge of the woods to circumvent the cliff(s) is (or should be) okay in most cases – obviously you don’t want to cross near an occupied home without seeking permission.
I have to wonder too about the enforcement of the law? What is the likelihood of ever being charged? If I am not repeatedly on someone’s land after being told to stay away or vandalizing it somehow who is going to incur the cost of a lawyer to prosecute me if the only outcome is a fine of less than $500? The landowner is likely to end up with a legal bill in excess of this him or herself which also seems like a penalty to proceed with a prosecution.
Legalities and enforcement aside, I, personally, do not want to be on anyone’s bad side. Having paid closer attention to the matter by writing this post I fully intend to proceed with even greater discretion in the future.
I found a few interesting pieces of information as I poked around online. The Right to Roam article was especially detailed and interesting, the second link takes you to the legislation concerning trespass law, and finally Wikipedia, where there is general information.
http://ccns.chebucto.org/Right_to_Roam.pdf
http://nslegislature.ca/legc/statutes/protect.htm
http://en.wikipedia.org/wiki/Trespass
My general advice to anyone not familiar with the area they’re in, and the people who live there, is to simply stay away from private property.
