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Originally Posted by TomC
....the properties i was refering to are normal seasonal residences that are rented weekly in the summer (8-12 weeks) Skip, are you saying that because of this fact, they are considered 'open' and subject to unannounced off-season visits, to "check them out"? i would submit that most of the folks that rent their homes from time to time would be suprised if this is the case.
lastly, any "unposted" property, residential in nature or not, can be 'visited' at any time for any reason (unless you are specifically told to leave)? if someone observes a vacant lakefront home with an inviting sandy beach, they can grab a cooler, have a picnic, and go for a dip? Sounds unreasonable...
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The shot answer to the above is "yes"... the tresspassing laws in New Hampshire seem to be confusing to some, especially those from other States with much more restrictive regulations. John Harrigan, the well respected and much loved wildlife columnist for the New Hampshire Sunday News, often writes of the misconstrual of tresspass and ages old concept of open land in New Hampshire
Obviously, the houses, outbuildings and fenced in (or other obviously secured areas) are different, and are addressed as so in the RSA.
Interestingly enough, New Hampshire is becoming more unique in the open land concept as many other States (including much of the west) view all property as private with invitation only status.
I see the issue quite differently. I myself have looked over properties and walked along beaches many times, especially during off season months. I have observed many others doing the same, and I would be surprised at any long time seasonal renter or landowner that hasn't experienced the same.
And yes, people do picnic along seemingly empty or abandoned sections of beach. Remember, if the body of water is greater that ten acres, it is common property to all. The beach where the blanket and cooler is parked may be owned privately, and if the landowner asks you to vacate, you must do so accordingly....but then only to the recognized water line.
My point is the vast majority of people are reasonable in their excercising of this privlege. If you do not want anyone on your property uninvited, than there are specific legal actions you can take to prevent them from encroaching and protecting yourself.
That stated, the actions coley participated in are legal in New Hampshire and not a "technical" form of tresspassing.
A good explanation of landowner and guest rights and responsibilities can be found in various sections of the well maintained New Hampshire Fish & Game website.
Anyway, I can understand your concerns for liability and I salute your fortitude and ability to offer up property for rental so others can enjoy the beauty and serenity of life up here!
Finally, what may sound "unreasonable" to some has always been reasonable to many, many generations of New Hampshirites. Its what keeps me here and apparently draws millions of others to visit our beautiful State on an annual basis.....
I hope ensuing generations can keep it this way!
Skip