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Originally Posted by xstrapolator

...Not trying to start an arguement, just curious as to why the season would change the situation as regards insurance...

It doesn't....

The tresspass laws in New Hampshire are routed both in State and what is known as common law.

RSA 635:2 (I) states in part.." A person is guilty of criminal trespass if, knowing that he is not licensed or privileged to do so, he enters or remains in any place..."

The key word here is the culpable state of mind required, as indicated by the word "knowing(ly)".

It is a commonly held (and common law belief) tradition in New Hampshire that all lands are open unless posted or instructed otherwise. Hunting is a fine example of how people commonly use others property without direct expressed permission. Hiking, cross country skiers, birders and nature lovers of all types also enjoy this tradition.

The accepted method to post property against tresspassing is with signage. This signage needs to have letters at least two inches in height, a quick explanation of what activity is not allowed and the name of the landowner while being placed no further than 100 yards apart. Signage should be prominently displayed at common points of entry.

You would ned to show that the person entered onto the property "knowing" that he did not have license or privilege to do so. Absent verbal or written instruction by the landowner, a court or a law enforcement officer prior to the incident, you cannot prove the culpable state of "knowingly".

I would also say that when you rent or lease properties to the general public, there is an expectation that unless instructed otherwise, prospective customers may and will visit to "check the merchandise" before entering in to a business agreement.

Anyway, what Coley did was not a case of tresspass (unless the property was posted or he had been previoulsly instructed to stay off the property) and is common practice in the State.

As for liability, there is no one direct answer. However, if you have open property with a known serious defect (such as an open well with no protection or warning) then of course you risk exposure if someone enters your property, is injured and can show negligence on your part.

There are many things that make New Hampshire unique. The principal of open property, carried over from our forefathers who wanted lands (within reason) left to the enjoyment of all, is but just an example of the beauty of this State.

Anyway, I have attached the RSA governing tresspassing below for everyones perusal. A new version took effect as of yesterday.

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RSA 635:2
TITLE LXII
CRIMINAL CODE
CHAPTER 635
UNAUTHORIZED ENTRIES
Section 635:2


[RSA 635:2 effective until January 1, 2006; see also RSA 635:2 set out below.]
635:2 Criminal Trespass. –
I. A person is guilty of criminal trespass if, knowing that he is not licensed or privileged to do so, he enters or remains in any place.
II. Criminal trespass is a misdemeanor if:
(a) The trespass takes place in an occupied structure as defined in RSA 635:1, III; or
(b) The person knowingly enters or remains:
(1) In any secured premises;
(2) In any place in defiance of an order to leave or not to enter which was personally communicated to him by the owner or other authorized person; or
(3) In any place in defiance of any court order restraining him from entering such place so long as he has been properly notified of such order.
III. All other criminal trespass is a violation.
IV. As used in this section, ""secured premises'' means any place which is posted in a manner prescribed by law or in a manner reasonably likely to come to the attention of intruders, or which is fenced or otherwise enclosed in a manner designed to exclude intruders.