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help opening new trails

jeremywhy13

NAXJA Forum User
I have gained access to about 100 acres of land that consist of a mixture of gravel pits and wooded areas. Me and a couple of other guys have been making some trails on it and getting together and riding on them. It is now starting to get around that there are some trails out there and we have been 4 or 5 trucks out there every weekend. I need some info on what I should do on the legal end about rules and regulations and how to enforce them. I pretty much would just like any info on starting new trails.

There are a couple of places that have 60 foot sheer walls and the such associated with a gravel pit. I am afraid that someone is going to get out there goofing off and get hurt. There are also some pretty difficult trails in there. So far I have seen a couple broken axles and a few flats.

I just need to know what all I need to do to protect myself and the landowner, the people driving, and their passengers.
 
not sure about Oklahoma law, but signs stating no trespassing or no entry without landowners permission, should cover you as they are indeed trespassing and if injured, were injured doing something illegal, on property they had no right being on. then if that doesn't work call the police jurisdiction that the land is in and explain to then the situation, and they can hopefully ticket all involved for not only trespassing but destruction of private property. Good luck and you now see why 4 wheelers can get a bad rap!!!!
 
I don't really have a problem with people going in to there at any time they want to. I put up gates after the first couple of times someone went in there without permission.

I want to know about things like having everybody sign a waiver stating that they accept the risk of braking their truck or getting hurt themselves. So they can't try to hold me or the landowner responsible for damages.

Trails are coming along great. Got almost 5 miles worth ranging from mudpits and creek crossings to some pretty good rock crawling.
 
I hate to do a cop out, but the potential consequences of someone going off a 60 foot cliff are, as you can imagine, enormous. I'm not sure how much liability you would have (unless you cut a trail that led them over the cliff :D ), but the land owner could be in deep kimchee.

I don't know if we have any attorneys on here, but even if we do I'm afraid we cannot afford the potential liability of giving you legal advice. All I can say is that you do have a problem. The land owner has significant exposure, and as the guy controlling access and making the trails, presumably some of that trickles down on you.

Waivers are a good idea. However, the laws of every state are different, so you really need to consult an attorney in your state to get a waiver drafted that will protect you and the lawnd owner in your state. If you want a starting place, I believe Paragon's waiver is posted on their web site. Not sure of the URL but it's something like www.paragonap.com
 
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