How do I keep trespassers off my property in BC, and am I liable if one is hurt?

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Fence the land or post signs at each way in, and entering without consent is an offence; on farm, rural or vacant land you owe a trespasser little more than not harming them on purpose. BC's Trespass Act lets whoever occupies land close it to others: a lawful fence, a natural boundary or signs at each way in make it enclosed land, and telling someone to leave or to stop an activity makes staying an offence. The Occupiers Liability Act sets what you owe the people on it, and much less to a trespasser on farm, rural or vacant land. Look up the address or PID on PlaceDossier to see the record for that lot. Enclosed land: Land surrounded by a lawful fence or a natural boundary, or posted with signs prohibiting trespass, is enclosed land, and entering it is an offence; someone found there is presumed to be there without consent (Trespass Act ss. 1, 2 (1) (a), (2)). The signs must be clearly visible, and their writing or picture clear, in daylight and normal weather from the approach to each ordinary way in (s. 4 (1)). A fence of uneven height, or with gaps over 150 mm, still counts (s. 9); see fences for what a lawful fence is. Telling someone no: On any land, enclosed or not, it's an offence to come in, or to carry on an activity, after the occupier has said it's prohibited, in person, in writing or by a sign at the way in; a sign naming or showing an activity with a line through it is enough notice for that activity (ss. 2 (1) (b), (c), 4 (2), (3)). Someone told to leave or to stop, by word or in writing, commits an offence if they don't as soon as practicable, or if they come back (s. 2 (3)). A notice can cover part of the land, with different notices for different parts (s. 4 (5)), and taking down or defacing a posted sign is an offence (s. 5). Who may say so: The occupier: the owner, a tenant or anyone else entitled to sue for trespass or in charge of the land, or someone they authorize (s. 1). It's no offence to enter with the occupier's consent, other lawful authority or colour of right (s. 3), so a registered easement holder, a utility on its right of way, or an officer acting under a statute isn't trespassing (our reading). Names, arrest and damage: The occupier may ask a person they reasonably believe is trespassing for their correct name and address, and refusing is an offence (s. 6). A police or conservation officer may arrest a trespasser without a warrant, or one who has just left and won't give a name and address (s. 7). On a conviction, the Provincial Court can order the trespasser to pay for the damage or loss (s. 8). The Act sets no penalty of its own, so the Offence Act's applies: a fine of up to $2,000, up to 6 months in jail, or both (Offence Act s. 4; our reading). ATVs, dirt bikes and snowmobiles: No one may ride or drive an off-road vehicle on private land without the consent of its owner, lessee or occupant, a fine of up to $5,000 (Off-Road Vehicle Act ss. 17 (2) (b), 26 (2) (e)). The Act's regulation sets which vehicles count; ATVs, dirt bikes and snowmobiles are registered under it (our reading). A trail across the lot that riders have used for years gives them no right to keep using it: a right to cross someone's land comes from a registered easement, not long use (see encroachment). Who is hurt on the land: An occupier must take the care that's reasonable in the circumstances to see that people on the land, and their property, are reasonably safe, for the land's condition, the activities on it and other people's conduct (Occupiers Liability Act s. 3 (1), (2)). Someone who trespasses, or comes on for a recreational activity without paying, on land used mainly for farming, on rural land used for forestry or range, vacant, undeveloped, forested or wilderness land, on a private road or recreational trail reasonably marked as one, or on a utility right of way, takes the risks on themselves: the occupier then owes only a duty not to create a danger meant to harm them and not to act with reckless disregard for their safety (s. 3 (3) to (3.3)). The same lower duty applies to a trespasser committing a crime there, on any land (s. 3 (3.1)). Limits and waivers: An occupier who may limit their duty by agreement or notice must take reasonable steps to bring it to the person's attention, and can't limit it for someone who isn't party to the agreement or who may enter without the occupier's permission (s. 4). Charging for entry, or renting a cabin or campsite on the land, keeps the full duty of care for those guests (s. 3 (3.2) (b); our reading). What it means for a buyer: Ask the seller who uses the lot: hunters, riders, neighbours walking a trail, or a neighbour's cattle (see open range). Posting signs at every way in after you buy is the cheap step; a gate across an old trail used by the public can still need the local government's say if it sits on a road allowance (see road allowances). Ask your insurer what liability cover the policy gives for people hurt on the land, and on a farm, for paying guests.

How do I keep trespassers off my property in BC, and am I liable if one is hurt?

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