Blog :: 11-2016

To Post or Not to Post Your Maine Land

Maine has a long tradition of landowners allowing reasonable public access to private lands. As a Mainer I want to thank all of those land owners who allow this. I do not post my land as we also enjoy using lands of other landowners who also allow access for recreation on their lands.

If you wish to keep your land for your own use, Maine does protect the landowners rights to privacy. Title 17A Section 402 explains how the landowner must post their land with signs or paint to legally restrict access over their property. Signs or paint must be within 100 feet apart and be visible so that a potential intruder can see the restricted access. Signs must be specific as to the restriction ie. no trespassing, access by permission only, no hunting etc.

Painting is the easiest way to post your land, a vertical purple painted stripe 1 plus inch wide on trees 3-5 feet above the ground means access by permission only. These stripes need to be no more than 100 feet apart and need to be maintained so that they are conspicuous to any person who may approach your boundary lines.

A verbal warning to a trespasser is also a legal means of enforcing your property rights. If you confront a hunter on your land you have the right to inspect their hunting license to determine who they are, if they refuse they have violated Maine law. If convicted they can loose their hunting rights for a year and possibly forfeit their firearms to public auction.

If a hunter wounds a game animal which then enters your property the hunter does not have the right to enter your property to retrieve the animal. If you are concerned about the access please contact the local game warden and allow the hunter to retrieve the animal to prevent the waste of the game.

We are often asked by landowners that if they post their property to restrict access if they can still legally hunt their property. The answer is yes. The landowner does still need to purchase a Maine hunting license and abide by all applicable hunting rules and regulations. We are also asked about landowner legal responsibility for keeping their property safe for recreational users. The answer is no as long as you do not willfully or maliciously fail to guard or warn against a dangerous condition, use, structure, or activity.

We hope this helps Maine land owners manage the land they way in which they want to. To understand that if they wish to keep it for just themselves that is a right that they are entitled and protected. For those who leave their land open for public use this Mainer and many others say thank you and respect your property rights.