Placing caches on your own land?

[BACoburn]

Hello! I just got my first GPS unit this past Sunday (Garmin GPSMap 60 CSx) and I am still in the learning phase. I have been wanting one for about six years and have been excited about getting involved in geocaching for about that long. Great activity and glad to be a part of your community. I have a lot to learn!

 

I own a decent sized plot of land and got to wondering if it is common practice for people to hide caches on their own land. I am a little worried about the liability implications but it would be a great way to meet other geocachers and share what I have been blessed with with others. I can think of a lot of great hiding places here and folks could hunt in peace.

 

Also, being new to this, I want to be sure to do everything correctly. I will be heading out this weekend for my first hunts and I am looking forward to placing my own caches. I see very little information on what people like to find and what I should be planning on putting in my caches. I want to start collecting cool things to place. What are your favorite types of things to find in caches?

 

Thanks for being here and I look forward to being an active part of this community in the coming years!

 

Bridget

Central Virginia

[+simpjkee]

I've found caches on peoples front porches before. I like it and always knock to say hi when I visit the cache. However when hiding a cache like that, it is really important IMO to make it clear on your cache page that it is hidden on your own private property and that you are cool with it, etc. so cachers know that it is kosher to be there. Remember also that some of us cachers will inevitably visit at all hours of the night and such so if you don't want people around while you're asleep or whatever, I wouldn't reccomend placing one on your own property.

 

Not sure about liability.

 

And the only thing I personally really enjoy finding in caches is a logbook

[+Mom-n-Andy]

You have an excellent gps. I finally upgraded to that model after 5 years of geocaching! You should be able to find anything with that one!

 

There is a farm family not too far from us who are geocachers themselves and have opened up a wooded section of their property for other people's geocaches. Their property has several night geocaches, which aren't feasible in the parks that close at dusk. They also host a yearly geocaching campout on their property in the summer. It would be wonderful for you to share your land with other geocachers. A call to your insurance company regarding liability issues might be in order. We increased our liability insurance when we found that neighborhood kids were coming in our yard to play on our son's play system uninvited - it's a good idea to protect yourselves.

 

I don't usually take things, but I'll often drop kid-oriented things in caches. A deck of cards, a jacks game, cool looking notebooks or pencils, etc. Handwarmers in winter. Look at your dollar store for ideas. I've also found a few neat things at Staples. No food or anything that smells like food.

 

Hello! I just got my first GPS unit this past Sunday (Garmin GPSMap 60 CSx) and I am still in the learning phase. I have been wanting one for about six years and have been excited about getting involved in geocaching for about that long. Great activity and glad to be a part of your community. I have a lot to learn!

 

I own a decent sized plot of land and got to wondering if it is common practice for people to hide caches on their own land. I am a little worried about the liability implications but it would be a great way to meet other geocachers and share what I have been blessed with with others. I can think of a lot of great hiding places here and folks could hunt in peace.

 

Also, being new to this, I want to be sure to do everything correctly. I will be heading out this weekend for my first hunts and I am looking forward to placing my own caches. I see very little information on what people like to find and what I should be planning on putting in my caches. I want to start collecting cool things to place. What are your favorite types of things to find in caches?

 

Thanks for being here and I look forward to being an active part of this community in the coming years!

 

Bridget

Central Virginia

[+kraushad]

I would think that by placing a cache on your own property, that would be considered "inviting" guests onto your property for purposes of the geocache activity.

 

In terms of liability, if someone were to be injured and chose to litigate, I would think that you would likely be held responsible, since they were an "invited" guest, as opposed to a criminal trying to break into your house or poach on your land without permission.

 

I don't know that it would stop me from doing so if I have a plot of land, but it is something to consider.

[Luckless]

Being new to the game you may want to consider gaining a little experience by looking for other caches before placing a cache on your property. Just a suggestion, hopefully that comment won't open the whole can of worms about how much experience a cacher should have before placing a cache, but you sound a little unsure because you are new and so you may want to take a little time to see how others do it.

There have been other posts about this subject in these forums. Try a search using the word "liability". When I asked about this most people seemed to think that liability was similar to that of farmers and land owners who allow sportsmen, like hunters, to use their land.

recreational access and owner liability:

 

http://www.smallfarms.cornell.edu/pages/qu...2006_Page_5.pdf

 

http://ecommons.library.cornell.edu/bitstr...20Liability.pdf

[+sbell111]

I would think that by placing a cache on your own property, that would be considered "inviting" guests onto your property for purposes of the geocache activity.

 

In terms of liability, if someone were to be injured and chose to litigate, I would think that you would likely be held responsible, since they were an "invited" guest, as opposed to a criminal trying to break into your house or poach on your land without permission.

 

I don't know that it would stop me from doing so if I have a plot of land, but it is something to consider.

According to Virginia's Recreational Use statute, the bolded bit is exactly wrong.

[+Castle Mischief]

I would think that by placing a cache on your own property, that would be considered "inviting" guests onto your property for purposes of the geocache activity.

 

In terms of liability, if someone were to be injured and chose to litigate, I would think that you would likely be held responsible, since they were an "invited" guest, as opposed to a criminal trying to break into your house or poach on your land without permission.

 

I don't know that it would stop me from doing so if I have a plot of land, but it is something to consider.

According to Virginia's Recreational Use statute, the bolded bit is exactly wrong.

 

Pssst. Kraushad is from West Virginia. We don't know where the OP is from.

[+Castle Mischief]

A few things to consider. Think of it as a worse case scenario or the pessimist's cookbook...

 

- Cachers crossing your neighbor's land to get to yours.

- Cachers looking for a hide at 3AM with REALLY bright spotlights.

- Cachers that knock on your door at all hours looking for the cache.

- Mrs Kravitz across the street thinks there's something funny going on what with all those people coming and going. Why are they all heading to that same spot in the woods at all hours of the day...?

 

Some folks will not hunt caches hidden in "front yard" caches for various reasons. Some don't care. Personally, unless it is explicitly described on the cache page (contact info a plus!) I won't even attempt a cache that looks like it's on somebody's private land.

 

Cachers have placed hides on their own land successfully in the past, but there have also been some misunderstandings and some errors made on the part of the hider and the seeker.

 

Check with your local reviewer first, see if they have any insight.

[knowschad]

If you haven't already done so, I'd suggest that you check out this thread: http://forums.Groundspeak.com/GC/index.php?showtopic=240486

 

 

You say that you own a "good sized plot of land", so it may be that you can place caches that don't take cachers anywhere near your actual home, but as you will find from that thread, some cachers do feel awkward about caching on private property. On the other hand, there are no rules against it, and it is very probably (IANAL) that there are no liability issues.

[+BBWolf+3Pigs]

According to Virginia's Recreational Use statute, the bolded bit is exactly wrong.

 

RI Laws are very similar.

[+The Blorenges]

Welcome to the game and these forums.

 

It's very commendable that you're thinking of allowing your own land to be used for caching - I'm sure you'll take note of the comments from the experienced cachers posting above.

 

I go along with the suggestion that you should start off by concentrating on finding a good selection of caches first: In that way you'll get to know what variety is possible, what you personally enjoy finding and what typical caches contain.

 

There's a wealth of advice to be found within these forums, retrievable with a bit of searching and digging back in time. The pros and cons of most ideas have been discussed in the past and if you can't pull up the answer to what you want to know then just ask and I'm sure someone will come up with a few links. I've been around these forums for a while now and I still find interesting snippets where I think, "Hmmm, I didn't know that."

 

I hope you'll you'll have fun with your new hobby - Good luck.

 

MrsB

[+sbell111]

I would think that by placing a cache on your own property, that would be considered "inviting" guests onto your property for purposes of the geocache activity.

 

In terms of liability, if someone were to be injured and chose to litigate, I would think that you would likely be held responsible, since they were an "invited" guest, as opposed to a criminal trying to break into your house or poach on your land without permission.

 

I don't know that it would stop me from doing so if I have a plot of land, but it is something to consider.

According to Virginia's Recreational Use statute, the bolded bit is exactly wrong.

 

Pssst. Kraushad is from West Virginia. We don't know where the OP is from.

The OP identified herself as being from Central Virginia.

 

Had she identified herself as being from West Virginia, I would have told Kraushad that he was wrong based on that state's Recreational Use Statute.

[+Castle Mischief]

Pssst. Kraushad is from West Virginia. We don't know where the OP is from.

The OP identified herself as being from Central Virginia.

 

Had she identified herself as being from West Virginia, I would have told Kraushad that he was wrong based on that state's Recreational Use Statute.

 

You got me there. I tend to gloss over signatures in forum posts.

[+StarBrand]

I know lots of folks that place caches on thier own land. It is easy to be very creative with the caches on property you own. As long as you make it clear that it is yours and seekers have explicit permission to be there - should be no issues.

 

As for liability - I think some of the above posts have it right - recreational use laws often cover it.

[+L0ne.R]

Also, being new to this, I want to be sure to do everything correctly. ....I see very little information on what people like to find and what I should be planning on putting in my caches. I want to start collecting cool things to place. What are your favorite types of things to find in caches?

 

You'll want to read: Hiding Your First Cache

 

My suggestions:

• a regular size (or larger) cache
  
• a nice location
  
• a good water-tight container (recommended: lock n lock (the real thing, not a knock-off) or ammo can).
  

• Swag
  
• nothing that will rust or go mouldy
  
• no broken toys - the kind of stuff you find under the car seat or in the kids' toybox
  
• it's a nice touch when the swag is individually wrapped in small baggies and it's nice when McToys are still sealed in their original plastic package
  
• I enjoy collecting little realistic plastic animals - it's goofy but it makes opening the cache more fun.
  
• I also like anything that's handmade and it's especially nice if it has a tie-in to geocaching. Recently I found a hand crocheted finger puppet. I've also enjoyed finding bookmarks and luggage tags with geocaching sayings on them. Found a bead bracelet that spelled out 'geocaching' - very cool.
  

[+power69]

Hello! I just got my first GPS unit this past Sunday (Garmin GPSMap 60 CSx) and I am still in the learning phase. I have been wanting one for about six years and have been excited about getting involved in geocaching for about that long. Great activity and glad to be a part of your community. I have a lot to learn!

 

I own a decent sized plot of land and got to wondering if it is common practice for people to hide caches on their own land. I am a little worried about the liability implications but it would be a great way to meet other geocachers and share what I have been blessed with with others. I can think of a lot of great hiding places here and folks could hunt in peace.

 

Also, being new to this, I want to be sure to do everything correctly. I will be heading out this weekend for my first hunts and I am looking forward to placing my own caches. I see very little information on what people like to find and what I should be planning on putting in my caches. I want to start collecting cool things to place. What are your favorite types of things to find in caches?

place on the description people have permission to access your private property.

if theres a house on the land by all means put the house number at least in the hint.

inform your neighbors about potential visitors.

if you don't want to be woken at night, say in your listing the cache is avail from dawn to dusk.

[+kraushad]

I would think that by placing a cache on your own property, that would be considered "inviting" guests onto your property for purposes of the geocache activity.

 

In terms of liability, if someone were to be injured and chose to litigate, I would think that you would likely be held responsible, since they were an "invited" guest, as opposed to a criminal trying to break into your house or poach on your land without permission.

 

I don't know that it would stop me from doing so if I have a plot of land, but it is something to consider.

According to Virginia's Recreational Use statute, the bolded bit is exactly wrong.

 

If you were referring to subsection C: which states

 

C. Any landowner who gives permission, express or implied, to another person to hunt, fish, launch and retrieve boats, swim, ride, foxhunt, trap, camp, hike, rock climb, hang glide, skydive, sightsee, engage in races, to collect, gather, cut or remove forest products upon land or premises for the personal use of such person, or for the use of an easement as set forth in subsection B does not thereby:

 

1. Impliedly or expressly represent that the premises are safe for such purposes; or

 

2. Constitute the person to whom such permission has been granted an invitee to whom a duty of care is owed; or

 

3. Assume responsibility for or incur liability for any intentional or negligent acts of such person or any other person, except as provided in subsection D.

 

I don't see anything there that specifies Geocaching which is likely what the attorney for the injured partyy would argue. I also don't care what the law states when compared to what a jury awards. I have seen more than one jury who awards civil money and reimbursement even when no criminal negligence has been present. Being on the right side of the law doesn't mean you can't lose your house in a civil case. I don't care what state you live in, sometimes the court costs to defend yourself, not to mention the headaches and the time, just aren't worth it.

 

EDITED TO FIX SPELLING + add a thought

Edited January 22, 2010 by kraushad

[knowschad]

I would think that by placing a cache on your own property, that would be considered "inviting" guests onto your property for purposes of the geocache activity.

 

In terms of liability, if someone were to be injured and chose to litigate, I would think that you would likely be held responsible, since they were an "invited" guest, as opposed to a criminal trying to break into your house or poach on your land without permission.

 

I don't know that it would stop me from doing so if I have a plot of land, but it is something to consider.

According to Virginia's Recreational Use statute, the bolded bit is exactly wrong.

 

If you were referring to subsection C: which states

 

C. Any landowner who gives permission, express or implied, to another person to hunt, fish, launch and retrieve boats, swim, ride, foxhunt, trap, camp, hike, rock climb, hang glide, skydive, sightsee, engage in races, to collect, gather, cut or remove forest products upon land or premises for the personal use of such person, or for the use of an easement as set forth in subsection B does not thereby:

 

1. Impliedly or expressly represent that the premises are safe for such purposes; or

 

2. Constitute the person to whom such permission has been granted an invitee to whom a duty of care is owed; or

 

3. Assume responsibility for or incur liability for any intentional or negligent acts of such person or any other person, except as provided in subsection D.

 

I don't see anything there that specifies Geocaching which is likely what the attorney for the injured partyy would argue. I also don't care what the law states when compared to what a jury awards. I have seen more than one jury who awards civil money and reimbursement even when no criminal negligence has been present. Being on the right side of the law doesn't mean you can't lose your house in a civil case. I don't care what state you live in, sometimes the court costs to defend yourself, not to mention the headaches and the time, just aren't worth it.

 

EDITED TO FIX SPELLING + add a thought

It does, however, mention hiking, and unless its a drive-up cache, you will be hiking to get to it. You are also hunting a geocache, but I don't think a judge would see the humor in that.

[+Cpt.Blackbeard]

I would think that by placing a cache on your own property, that would be considered "inviting" guests onto your property for purposes of the geocache activity.

 

In terms of liability, if someone were to be injured and chose to litigate, I would think that you would likely be held responsible, since they were an "invited" guest, as opposed to a criminal trying to break into your house or poach on your land without permission.

 

I don't know that it would stop me from doing so if I have a plot of land, but it is something to consider.

According to Virginia's Recreational Use statute, the bolded bit is exactly wrong.

 

If you were referring to subsection C: which states

 

C. Any landowner who gives permission, express or implied, to another person to hunt, fish, launch and retrieve boats, swim, ride, foxhunt, trap, camp, hike, rock climb, hang glide, skydive, sightsee, engage in races, to collect, gather, cut or remove forest products upon land or premises for the personal use of such person, or for the use of an easement as set forth in subsection B does not thereby:

 

1. Impliedly or expressly represent that the premises are safe for such purposes; or

 

2. Constitute the person to whom such permission has been granted an invitee to whom a duty of care is owed; or

 

3. Assume responsibility for or incur liability for any intentional or negligent acts of such person or any other person, except as provided in subsection D.

 

I don't see anything there that specifies Geocaching which is likely what the attorney for the injured partyy would argue. I also don't care what the law states when compared to what a jury awards. I have seen more than one jury who awards civil money and reimbursement even when no criminal negligence has been present. Being on the right side of the law doesn't mean you can't lose your house in a civil case. I don't care what state you live in, sometimes the court costs to defend yourself, not to mention the headaches and the time, just aren't worth it.

 

EDITED TO FIX SPELLING + add a thought

It does, however, mention hiking, and unless its a drive-up cache, you will be hiking to get to it. You are also hunting a geocache, but I don't think a judge would see the humor in that.

 

These laws were passed to encourage land owners to open up their lands for recreational purposes without fear of lawsuits. In Indiana as long as you do not charge a fee you are safe, if you wish to charge a fee for people to use your land you become a business and are no longer protected.

[+carolnbarney]

Just an "opinion" on the liability issue from someone who was, before retirement, in a job that was exposed, not as an attorney or defendant folks, to legal issues on a daily basis.

 

This folks is just "my opinion" and "is not" to be considered legal advice. It's my opinions "only."

 

On any given day, and for any given reason, any person "can" sue you for "anything." All it takes is the ability to write it out, go to the appropriate office of the courts, pay the fee for filing and file it. That's broadly all it takes. Now, that being said it's quite another thing to be able go any further with it. In other words, they have to prove their contention. It's not enough to just allege something. What I think a lot of frivolous lawsuits depend on is that insurance companies, and some people, will settle for "something" instead of going to trial and taking a chance. As long as you are acting in good faith and aren't overtly neglectful, you as a property owner "should" be in relatively good shape.

 

But there are very few definites when it comes to dealing with a trial jury if it comes to that.

[AZcachemeister]

If anyone is clumsy enough to injure themselves on my front porch while looking for my cache, I will shoot them and claim they were trying to break into my home.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

No, not really. But please be careful on my porch!

[+beenhere]

I have had caches on my property for years. It states on the cache page that it is my property. I also put a cache lable on my mailbox post so the cachers know they have the right place. I have had no trouble with night cachers as the page states no night caching. Some come up to the door but most just head out. If I see someone is out I often will walk out with them or catch them on their way back to just say hi. I started with a multi then added a couple caches to give the chance for more finds. Now I just have regular caches out as cachers like to get more .

[+sbell111]

...

 

I don't see anything there that specifies Geocaching which is likely what the attorney for the injured partyy would argue. I also don't care what the law states when compared to what a jury awards. I have seen more than one jury who awards civil money and reimbursement even when no criminal negligence has been present. Being on the right side of the law doesn't mean you can't lose your house in a civil case. I don't care what state you live in, sometimes the court costs to defend yourself, not to mention the headaches and the time, just aren't worth it.

 

EDITED TO FIX SPELLING + add a thought

It is my opinion, that any lawyer worth his bar card would be able to get that lawsuit dismissed. It would not go to a jury.

 

Honestly, the argument that you make could be made about anything that you choose to do, or nothing at all. Anyone can be sued at any time. There is a slim chance that silly lawsuits are occasionally going to make it all the way to a jury and that jury is going to rule against you. Still, we get out of our beds every morning and live our lives.

[+Renegade Knight]

...I am a little worried about the liability implications but it would be a great way to meet other geocachers and share what I have been blessed with with others. I can think of a lot of great hiding places here and folks could hunt in peace....

 

Most states will excempt land onwers from liablity so long as they don't charge for access when allowing recreational activities on their land. I suspect that this was to encourage them to allow hunting. Every state is different, but I know mine (Idaho) does this. Yours may as well.

Edited January 25, 2010 by Renegade Knight

[+Renegade Knight]

...

If you were referring to subsection C: which states

 

C. Any landowner who gives permission, express or implied, to another person to hunt, fish, launch and retrieve boats, swim, ride, foxhunt, trap, camp, hike, rock climb, hang glide, skydive, sightsee, engage in races, to collect, gather, cut or remove forest products upon land or premises for the personal use of such person, or for the use of an easement as set forth in subsection B does not thereby:

 

1. Impliedly or expressly represent that the premises are safe for such purposes; or

 

2. Constitute the person to whom such permission has been granted an invitee to whom a duty of care is owed; or

 

3. Assume responsibility for or incur liability for any intentional or negligent acts of such person or any other person, except as provided in subsection D. ...

 

It also doesn't cover moonlight walks on the beach, poking dead things with sticks, or boinking, but I suspect they are covered. You have to read the entire law, plus know that there is a spirit and intent that the judge is going to consider. Often that spirit and intent is captured in some wording in the introduction section of the law. I don't know if this is the law specific to the posters state or not.

[+Fncnca]

I know this is getting far away from the original post but, out of the 970 some odd thousand active caches, how many are on private land? How many lawsuits current and past have there been, as a result of something that happened to a cacher on private land? I have not heard of any, does not mean that they do not exist.

 

I have no problem caching on private property as long as it is made clear that it is, in the cache listing.

I have turned away from hides that, upon aproaching, I thought were on private land even though, the cache page said nothing about private land. Yeah I am still new to this, but it has happened twice so far.

 

I would not hesitate to place a hide on my land, if I had more of it. We need more hides. My guideline would be: Would I let MY kids run wild in the area? If the answer is no, then I would not place a hide there.

[+Setan Meyacha]

 

I would not hesitate to place a hide on my land, if I had more of it. We need more hides. My guideline would be: Would I let MY kids run wild in the area? If the answer is no, then I would not place a hide there.

A lot of land is not necessary if you want to place a cache on your property. I live in town, unfortunately , but I have a cache located in the front yard. And, yes, it is stipulated in the description that it is on private property with permission. It is a good way to meet other cachers that you might not otherwise meet through your local Meet & Greet functions. I've met several out-of-state cachers I would not otherwise have met. And you can be very creative in the type and placement of your cache even in a postage stamp-sized yard. I would agree with other posts that you might want to find several types of caches before placing one of your own just so you can see how others have done it. Perhaps you'll find one you can improve upon for your own situation.

Anyhow, welcome to the sport/hobby/addiction and good luck!

[+Eagle and the nuts]

I would think that by placing a cache on your own property, that would be considered "inviting" guests onto your property for purposes of the geocache activity.

 

In terms of liability, if someone were to be injured and chose to litigate, I would think that you would likely be held responsible, since they were an "invited" guest, as opposed to a criminal trying to break into your house or poach on your land without permission.

 

I don't know that it would stop me from doing so if I have a plot of land, but it is something to consider.

 

Lawyers are going to be the reason for the end of civilization

[+Coqui572]

Welcome to Geocaching! You've been getting a lot of good advice from experience geocachers. I agree that you should go out on the field, get some experience and ideas, and then develop your own style. It should be a lot of fun getting to know other cachers as they visit your hides, just remember to set the rules on your cache description to avoid any misunderstandings.

 

Sometime ago I tried to find a cache that was hidden on top of a tree in a front yard, the cache listing explicitly said that it was private property, but geocachers were allowed to make the hunt. I still felt very uncomfortable doing it and actually left the area before completing the find. In the end, it's all a matter of the person making the hunt.

 

Swag is always fun, as long as it doesn't turn into trashy-swag. I cannot tell you how many caches I've visited that are full of promotional flyers and business cards...

 

Enjoy the hobby!!