Pesky, you are putting the "onus" on the landowner to prove possession of the property which was the case prior to 2004..... I will repeat this again for those who missed it the first time I posted it on this thread... Ammendments to the Petty Trespass Act puts the onus on the person wanting access to have permission before entering private lands "that are under cultivation, fenced or enclosed by a natural boundary or enclosed in a manner that indicates the landholder's intention to keep people off the premises or animals on the premises. Importantly hunters or others who access these lands must have permisssion before entering."
See page 32 of the Hunting regs.. it's all there.
All that said, I do agree with you that it certainly helps if landowners use signage to mark boundaries and access conditions, but it is not the landowners legal responsibility to do so any more to prove trespassing on essentially what can be considered "agricultural" lands.
Last edited by Pikebreath; 11-07-2011 at 10:50 AM.
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