Posted Land

When I was young in Morrisville fifty years ago people did not post their land. No Trespassing signs were a rarity and were usually found around the properties of newcomers who had moved in from down south or, in a few cases, not very cunning Vermonters themselves hiding a moonshine still or, later on in the Sixties, a modest marijuana crop. But a No Trespassing sign in those days was an invitation to investigate, especially if the landowner had a reputation for secrecy or nefarious activity. Farmers with large holdings did not need to post because, on the whole, hikers, hunters, anglers and amblers respected fence lines and knew not to tromp through unmown fields. Vermonters simply did not need to post their land, and, besides, it was seen by neighbors as an inherently hostile and reproving act.

 

The advice of Robert Frost’s neighbor as Frost encounters him in his poem Mending Fence, is “Good fences make good neighbors.” This dictum sufficed for most Vermonters.

 

Why now is “posting” land so common?  Is it the staggering run up in land values and an imagined need to protect private investment? Fifty years ago the run up in land values was just as steep. A hill farm bought after the war for $3,400 could fetch $12,000 ten years later.

 

Is it our shameful reputation for believing that behind every adverse occurrence in life someone is at fault and must be held legally and financially accountable?  Is it the propensity of a few to build wealth the easy way, to sue for it? Is it a manifestation our new “ownership society?”

 

There are laws on the books that protect property owners to a degree if they have an “attractive hazard” such as a naturally occurring swimming hole or a precipitous hiking trail. A local attorney who is well informed on such matters says there are very few such actions brought and, unless a landholder is clearly and personally culpable, adverse settlements are a rarity.

 

What is behind all these yellow signs littering the landscape of Vermont? What is the impact on our sense of community? Just as so many suburban developments have become gated communities, are we in Vermont to become a posted community? What has changed?

 

Some or all of the following may, of course, play a role: fear of liability litigation, the emergence of animal rights groups dedicated to protecting wild animals, environmental concerns for wilderness areas and loss of habitat, the rise of invasive off-road vehicles such as snow mobiles, ATV’s and dirt bikes. To varying degrees, these may be legitimate concerns, but do they warrant closing off one’s land to all?

 

There are less drastic measures one can take. It is possible to selectively post against off-road vehicles for example, or against hunters and trappers. Unfortunately one cannot post against “litigious individuals.”

 

The loss of open land for hiking, cross country skiing and snow shoeing and, yes, even for hunting, marks a significant change in how we Vermonters view our property, our neighbors and the communities in which we live. We would do well to ask ourselves whether we see ourselves as just owners of our land or whether indeed we are owners and stewards of our lands, as well as members of a community.

 

My wife did the cross-England walk last year. Besides Wainwright’s well traveled “coast to coast” route there are thousands of miles of footpaths available to amblers and hikers, a tradition that goes back centuries. The paths cross hundreds of miles of private property on which tens of thousands of cattle and sheep graze and crops grow. There are “kissing gates” and stiles built into all the fences for the walkers. Walkers by tradition respect the land and landowners welcome the walkers. This much loved and venerable tradition was formally endorsed by Parliament again last year.

 

Sadly, this is no longer an American tradition. Vermonters were once free to cross one and others land for foot travel. Imagine the opportunity for environmental tourism if we had such access for cross country skiers and hikers. Some 8000 people a year walk across England through the Lake District and the Yorkshire Moors.

 

If we continue to post all of Vermont, where will our children walk, fish, explore and hunt?

 

Bill Schubart