Accessing Private Land
Public Access to Private Land is A Privilege, Not A Right
Landowners who permit you to use their land for outdoor recreational activities are not only doing you a favor, they place their trust in you. To demonstrate appreciation for the favor and to prove their trust is not misplaced:
Please Consider the Situation from the Landowner’s Perspective
It is no surprise when attention turns to recreational pursuits, the user and the landowner often experience different issues. In fact, some landowners dread various seasons of the year, believing the associated activities limit the use of their own land. Landowners are often baffled at the abuse and lack of appreciation by some users. The user has difficulty understanding why so much land is posted or restricted. As users, the responsibility is on us to show appreciation and be considerate. We must all work together to lessen any of these assumptions and perceptions and respect the landowner’s wishes. If we fail to do so, we can only expect more private land to be closed to public use.
Developing a relationship with the landowner can be accomplished by:
Show Your Appreciation to The Landowner
Remember that you are a guest when using someone else’s property.
Make an effort to express your appreciation for the opportunity to use the land for recreational pursuits. Take the time to say “Thank you,” and always leave the land as you found it. If you see trash that someone else left, please pick it up.
Summary of Laws Related To Landowner Property
This is only a brief summary and not all inclusive.
Damages and injury to land under Titles 12, 14 & 17A*
Prohibitions: A person who intentionally enters the land of another without permission and causes damage to property is liable to the owner in a civil or criminal action, that could include fines, penalties and jail time, if they:
Damages or destroys a tree on another person’s land by inserting into that tree any metallic or ceramic object.
Erect or use either a portable or permanent tree ladder or stand attached to a tree on the land of another person unless that person has obtained oral or written authorization to erect and use a tree ladder or stand from the landowner or the landowner’s representative.
Discharges a firearm or crossbow within 100 yards of a residential dwelling or a farm building used for sheltering livestock, machines or harvested crops without the permission of the owner, or in the owner’s absence, an adult occupant of that dwelling.
Tramples or destroys any crop on another person’s land.
Throws, drops, deposits, discards, dumps or otherwise disposes of litter, in any manner or amount, on property not owned by that person.
Damages or throws down any fence, bar or gate, leaves a gate open, breaks glass, damages any road, drainage ditch, culvert, bridge, sign or paint marking, or does other damages to any structure on property not owned by that person.
Cuts down, destroys, damages or carries away any forest product, ornamental or fruit tree, agricultural product, stones, gravel, ore, goods or property of any kind from land not owned by that person.
Harvesting Christmas tree and evergreen boughs, firewood cutting, and motorized gold prospecting are allowed only with permission of landowners.
“Forest products” means logs, pulpwood, veneer, bolt wood, wood chips, stud wood, poles, pilings, biomass, fuel wood, Christmas trees, maple syrup, nursery products used for ornamental purposes, wreaths, evergreen boughs or cones or other seed products.
Liability and damages recoverable: Regardless of whether or not the damage to the property was done intentionally, the offender still may be liable to the owner for two times the owner’s actual damages plus certain additional costs. These costs could include attorney’s fees, court costs and the value of the owner’s time spent on involvement in the enforcement proceeding.
The owner’s damages may be measured either by the replacement value of the damaged property or by the cost of repairing the damaged property. For damages for disposing of litter, the owner’s damages include the direct costs associated with properly disposing of the litter, including obtaining permits, and the costs associated with any site remediation work undertaken as a result of the litter.
There is No Excuse for Trespassing
ALWAYS ask permission before entering private land. You may be pleasantly surprised at the number of landowners who have posted their property, but may allow access to someone who has the courtesy to ask first.
Trespass is a crime. If convicted, you may lose any license issued by the Department of Inland Fisheries and Wildlife. All state, county and municipal law enforcement officers can enforce trespass laws.
Remember, your actions reflect on all users and outdoor recreational enthusiasts and can affect future access to private land.
There is No Excuse for Land Abuse
Land abuse is a very serious problem in the State of Maine. Each year, access to private property is lost due to land abuse. If you see a violation occurring, contact Operation Game Thief at 1(800) ALERT-US [1(800) 253-7887]. There is NO EXCUSE for land abuse.
This information was prepared by the Maine Department of Conservation and the Department of Inland Fisheries and Wildlife.