Go Back  Bike Forums > Bike Forums > Commuting
Reload this Page >

Is biking through "private property" ok?

Search
Notices
Commuting Bicycle commuting is easier than you think, before you know it, you'll be hooked. Learn the tips, hints, equipment, safety requirements for safely riding your bike to work.

Is biking through "private property" ok?

Thread Tools
 
Search this Thread
 
Old 08-16-21, 01:44 PM
  #51  
Full Member
 
Join Date: Jun 2007
Location: Maine
Posts: 275

Bikes: '20 Scott Addict RC 30, '13 Trek Soho Deluxe, '91 Greg Lemond Maillot Jaune, Mid '70s Cuevas

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 50 Post(s)
Liked 75 Times in 41 Posts
Originally Posted by GhostRider62
Not to my knowledge. It is identical.

Can you name a single state where a "Private Property" sign on a private way thru a private property gives you right of access. I doubt you can find one but it is possible.
Give this a read.

https://www.mainelegislature.org/leg...7-asec402.html
cuevélo is offline  
Old 08-16-21, 02:08 PM
  #52  
Senior Member
 
Join Date: Apr 2021
Posts: 4,083
Mentioned: 6 Post(s)
Tagged: 0 Thread(s)
Quoted: 2333 Post(s)
Liked 2,097 Times in 1,314 Posts
Originally Posted by cuevélo
That is for criminal trespass. How one gives notice certainly varies from state to state. You can use purple paint. You can tell the person. You can have or should have a fence as the OP said. You can post with signs. You can have a rock wall. If there is a question of intent, courts decide. Maine has vast swaths of land owned by timber companies that many use for recreation. It also has a history of these remote private lands being used by the public.

In the situation given by the OP, there is a residential community bounded by two public roads. Cutting thru the private community is convenient. A "Private Property" sign is more than sufficient for me not to break the law. It is just that plain and simple, black and white to me. OP asked opinions, I think mine is very clear.
GhostRider62 is offline  
Old 08-16-21, 04:04 PM
  #53  
Senior Member
 
Join Date: Apr 2002
Location: Tempe, AZ
Posts: 219

Bikes: Specialized AWOL, Specialized Roubaix, Niner Air9, Turner Sultan

Mentioned: 4 Post(s)
Tagged: 0 Thread(s)
Quoted: 67 Post(s)
Liked 41 Times in 24 Posts
In Arizona it's illegal to use a private corner parking lot such as a gas station, as a cut through in your car to avoid having to wait at the light.
https://www.vanosteen.com/traffic/pr...%20devices.%22

It would surprise me if Arizona is the only place with such a law and I can't really see how this is any different compared to riding your bike through an apartment complex, but I doubt it's enforced.
RoadKill is offline  
Old 08-16-21, 08:08 PM
  #54  
rhm
multimodal commuter
 
rhm's Avatar
 
Join Date: Nov 2006
Location: NJ, NYC, LI
Posts: 19,808

Bikes: 1940s Fothergill, 1959 Allegro Special, 1963? Claud Butler Olympic Sprint, Lambert 'Clubman', 1974 Fuji "the Ace", 1976 Holdsworth 650b conversion rando bike, 1983 Trek 720 tourer, 1984 Counterpoint Opus II, 1993 Basso Gap, 2010 Downtube 8h, and...

Mentioned: 584 Post(s)
Tagged: 0 Thread(s)
Quoted: 1908 Post(s)
Liked 574 Times in 339 Posts
I'm curious whether you can drive through it virtually, using Google Street View. I wonder if the Google driver took that short cut,,,,
__________________
www.rhmsaddles.com.
rhm is offline  
Old 08-16-21, 08:09 PM
  #55  
Very Senior Member
 
Join Date: Mar 2018
Location: Always on the Run
Posts: 1,211

Bikes: Giant Quasar & Fuji Roubaix

Mentioned: 4 Post(s)
Tagged: 0 Thread(s)
Quoted: 413 Post(s)
Liked 343 Times in 244 Posts
I looked at a piece of property a few years back that sat on a corner with a school just a couple of blocks down the street in one direction and a convenience store just a block down the street in another direction. There was a well worn path from one corner of the property, alongside the house, and out the other corner of the property. I really liked the place, but after doing some research and discovering that I didn't have the right to put up a fence to prevent kids from cutting through the property I passed on it. If I'm not mistaken, it was covered under imminent domain or some such thing. Because it had been allowed for so many years it became part of the deal. Go figure. Not in my world.
Bigbus is offline  
Likes For Bigbus:
Old 08-17-21, 09:03 AM
  #56  
Full Member
 
Join Date: Jun 2007
Location: Maine
Posts: 275

Bikes: '20 Scott Addict RC 30, '13 Trek Soho Deluxe, '91 Greg Lemond Maillot Jaune, Mid '70s Cuevas

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 50 Post(s)
Liked 75 Times in 41 Posts
Originally Posted by GhostRider62
That is for criminal trespass. How one gives notice certainly varies from state to state. You can use purple paint. You can tell the person. You can have or should have a fence as the OP said. You can post with signs. You can have a rock wall. If there is a question of intent, courts decide. Maine has vast swaths of land owned by timber companies that many use for recreation. It also has a history of these remote private lands being used by the public.

In the situation given by the OP, there is a residential community bounded by two public roads. Cutting thru the private community is convenient. A "Private Property" sign is more than sufficient for me not to break the law. It is just that plain and simple, black and white to me. OP asked opinions, I think mine is very clear.
I've found nothing in the Maine statutes that indicates that "Private Property" means "No Trespassing". I can't find anything other than "criminal trespass," at least pertaining to a person on a bike. I remain unconvinced that going on a road labeled as "private" is breaking the law.
cuevélo is offline  
Old 08-17-21, 10:31 AM
  #57  
Senior Member
 
Join Date: Apr 2002
Location: Tempe, AZ
Posts: 219

Bikes: Specialized AWOL, Specialized Roubaix, Niner Air9, Turner Sultan

Mentioned: 4 Post(s)
Tagged: 0 Thread(s)
Quoted: 67 Post(s)
Liked 41 Times in 24 Posts
Originally Posted by cuevélo
I've found nothing in the Maine statutes that indicates that "Private Property" means "No Trespassing". I can't find anything other than "criminal trespass," at least pertaining to a person on a bike. I remain unconvinced that going on a road labeled as "private" is breaking the law.
https://legislature.maine.gov/statut...-Asec2057.html
11. Avoidance of traffic control device prohibited. An operator may not operate a motor vehicle through a parking area to avoid obeying or conforming to the requirements of a traffic control device.

It's possible that cutting through an apartment complex could get you a ticket in Maine depending on how an officer interprets this part of the Maine traffic code and if bicycles are supposed to follow the same laws as motor vehicles.
RoadKill is offline  
Old 08-17-21, 10:37 AM
  #58  
Senior Member
 
Join Date: Apr 2021
Posts: 4,083
Mentioned: 6 Post(s)
Tagged: 0 Thread(s)
Quoted: 2333 Post(s)
Liked 2,097 Times in 1,314 Posts
Originally Posted by cuevélo
I've found nothing in the Maine statutes that indicates that "Private Property" means "No Trespassing". I can't find anything other than "criminal trespass," at least pertaining to a person on a bike. I remain unconvinced that going on a road labeled as "private" is breaking the law.
Ok. Do as you wish. Who cares. Just stay off my lawn.
GhostRider62 is offline  
Likes For GhostRider62:
Old 08-17-21, 11:28 AM
  #59  
Full Member
 
Join Date: Jun 2007
Location: Maine
Posts: 275

Bikes: '20 Scott Addict RC 30, '13 Trek Soho Deluxe, '91 Greg Lemond Maillot Jaune, Mid '70s Cuevas

Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 50 Post(s)
Liked 75 Times in 41 Posts
Originally Posted by RoadKill
https://legislature.maine.gov/statut...-Asec2057.html
11. Avoidance of traffic control device prohibited. An operator may not operate a motor vehicle through a parking area to avoid obeying or conforming to the requirements of a traffic control device.

It's possible that cutting through an apartment complex could get you a ticket in Maine depending on how an officer interprets this part of the Maine traffic code and if bicycles are supposed to follow the same laws as motor vehicles.
I think it's a stretch to apply this to bicyclists, when their goal is to go in a lower traffic area, not to avoid a traffic control device.
cuevélo is offline  
Old 08-17-21, 01:17 PM
  #60  
Junior Member
 
Join Date: Jun 2010
Posts: 15
Mentioned: 0 Post(s)
Tagged: 0 Thread(s)
Quoted: 1 Post(s)
Liked 1 Time in 1 Post
It’s not trespassing until someone says, right?
joinacult is offline  
Likes For joinacult:
Old 08-27-21, 12:23 AM
  #61  
Disco Infiltrator
 
Darth Lefty's Avatar
 
Join Date: May 2013
Location: Folsom CA
Posts: 13,446

Bikes: Stormchaser, Paramount, Tilt, Samba tandem

Mentioned: 72 Post(s)
Tagged: 0 Thread(s)
Quoted: 3126 Post(s)
Liked 2,102 Times in 1,366 Posts
I might have mentioned previously in this thread that the apartment complex I sometimes ride through, I used to live in. So Irecognize that there were regular trash pickers that came through mostly pilfering the recycling for CRV but also grabbing anything else that was set out. People are moving in and out of apartments all the time and abandoning stuff, and parking it by the dumpster is the universal "this is ok but I can't be bothered to sell it" signal. Making me think of this, @rhm wrote in another thread today

Four times i have found bicycles out with the trash. One was a decent KHS mtb. I had to put the wheels in right and fix a qr and pump up the tires before i could ghost ride it four miles home. Good bike! My daughter used it for years until it got stolen last year. The bike she had before that was a little Schwinn MTB with 22” wheels. I went back for that one with the car.
Another was a Diamondback mtb, nice steel frame, no suspension, good components. I ghost rode it home and gave that to a neighbor (probably a mistake). Also a black Raleigh Sports for my wife. The hub dates it to the month she was born. That was so close to home that i just walked both bikes.
Now how are you gonna find that stuff if you don't ride through?
__________________
Genesis 49:16-17
Darth Lefty is offline  
Old 08-29-21, 10:16 AM
  #62  
Senior Member
 
Join Date: Jul 2013
Location: Toronto
Posts: 3,501

Bikes: Sekine 1979 ten speed racer

Mentioned: 15 Post(s)
Tagged: 0 Thread(s)
Quoted: 1480 Post(s)
Liked 639 Times in 437 Posts
Originally Posted by joinacult
It’s not trespassing until someone says, right?
Correct. It depends on the discretion of the property owner. I had described in my post (#46) one owner chose not to do anything and the other chose not to give access to a bike trail in the winter.

I think most of the time, the no trespassing signs were targetting drivers. If cyclists and pedestrians were to become a problem, then the property owners would start to do something about it.
Daniel4 is offline  
Old 08-29-21, 01:46 PM
  #63  
SE Wis
 
dedhed's Avatar
 
Join Date: Apr 2005
Location: Milwaukee, WI
Posts: 10,501

Bikes: '68 Raleigh Sprite, '02 Raleigh C500, '84 Raleigh Gran Prix, '91 Trek 400, 2013 Novara Randonee, 1990 Trek 970

Mentioned: 40 Post(s)
Tagged: 0 Thread(s)
Quoted: 2741 Post(s)
Liked 3,388 Times in 2,051 Posts
WI Statutes 943.13

(am)
A person has received notice from the owner or occupant within the meaning of sub. (1m) (b), (e) or (f) if he or she has been notified personally, either orally or in writing, or if the land is posted. Land is considered to be posted under this paragraph under either of the following procedures:
1. If a sign at least 11 inches square is placed in at least 2 conspicuous places for every 40 acres to be protected. The sign must provide an appropriate notice and the name of the person giving the notice followed by the word “owner" if the person giving the notice is the holder of legal title to the land and by the word “occupant" if the person giving the notice is not the holder of legal title but is a lawful occupant of the land. Proof that appropriate signs as provided in this subdivision were erected or in existence upon the premises to be protected prior to the event complained of shall be prima facie proof that the premises to be protected were posted as provided in this subdivision.
2. If markings at least one foot long, including in a contrasting color the phrase “private land" and the name of the owner, are made in at least 2 conspicuous places for every 40 acres to be protected.

​​​​​​https://erc.cals.wisc.edu/woodlandin...7/09/G3326.pdf

​​​​​​https://www.wisbar.org/newspublicati...ArticleID=7969
dedhed is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off



Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.