Landowners
Guidelines for establishing trails on private property
Most of Vermont’s trails have been established on private land, through mutually beneficial arrangements between landowners and trail managers. Here, we share guidelines for both groups to get the conversation started.
For Landowners
Landowner Liability
Private landowners in Vermont play an important role in providing outdoor recreation to the public. Approximately 85% of all land in the state is privately owned. Most hiking, fishing, hunting, trail use, and other valued recreational activities would not be possible without private landowners.
The Landowner Liability Act was passed in 1998 as a result of the tireless efforts of Conrad Motyka, at the time Vermont’s Commissioner of Forests, Parks & Recreation, and with the extensive educational efforts by the Vermont Mountain Bike Association, the Catamount Trail Association, and the Green Mountain Club.
Synopsis of Landowner Legal Protection
The Landowner Liability Act can be found in Vermont Statutes at 12 V.S.A. §5791, et seq and is summarized below. It is also summarized in this document , produced by FPR: VERMONT LAW: LIMITATIONS ON LANDOWNER LIABILITY
Although a landowner has made land available for recreational purposes, he/she is still entitled to enter into agreements for the recreational use of land, which vary or supplement the duties and limitations created by the new law. Thus should an organization wish to gain more formal access they are free to negotiate a fee with the landowner for the use of land. The landowner’s liability, then, would likely be governed by the terms of the agreement.
State Statute limits liability required by a landowner to that of a trespasser. In essence in order to successfully be sued, a plaintiff would need to prove “willful and wanton misconduct” on the landowner’s part (State v. Parenteau, 153 Vt. 123 (1989). Legal precedent dictates a person injured while mountain biking would have tremendous difficulty in successfully placing blame on a landowner.
12 V.S.A. Section 1037 states: “Recreationists must accept the risks that are natural aspects of the activities in which they engage.”
10 V.S.A. Section 448 further protects landowners of he/she are hosting trails for organizations that are part of the “Vermont Trails Network.”
19 V.S.A. Section 2309 states: “No landowner shall be liable for any property damage or personal injuries sustained by any person who is using, for any purpose permitted by state law or by a municipal ordinance, bicycle routes constructed on the landowner’s property pursuant to this Chapter unless the landowner charges a fee for the use of the property.”
To be covered by the law a landowner cannot charge a fee for use.
The land is defined as “open and undeveloped” and incorporates: posted, fences, agricultural or land with forestry-related structures.
The landowner is not liable for property damage or personal injuries sustained by a person who goes onto land for recreational purposes – unless in the case of “willful and wanton” action taken by the landowner.
The law expressly states a landowner making his/her land available for recreation use free of charge does not imply the landowner provide any assurances the land is safe.
Easements do not change exposure to liability.
Benefits to Landowners
- Any trails, bridges, culverts, and maintenance may be financed through the trail manager.
- The Vermont ethic thrives: you share your land with others, and they share theirs with you.
- Your property may connect with others to create fantastic trail networks.
- Landowners’ generosity is never taken for granted. Trail enthusiasts are a grateful and passionate group of people who will protect and maintain trails and help ensure the responsible use of your land.
Landowner Responsibilities
- The landowner should be involved with the land manager from the beginning in the planning of all trails on their land.
- It is suggested the landowner walks the trails periodically and reports trail hazards to trail managers. The inclusion of any new trail obstructions (gates, down trees, sinkholes, significant erosion, etc.) must be made known to the trail managers so repairs can be prioritized.
- If a problem arises the landowner should immediately contact the trail manager.
For Trail Organizations
Gaining Landowner Permissions
Vermont law permits hunting, fishing, hiking, and mountain biking on private property without permission unless the land is legally posted, (10 V.S.A. Section 5201). VTGC does not support trails constructed without expressed written permission from landowners/managers and that are not sustainably constructed. Trail managers must work closely with landowners to gain written permission so that:
- Healthy, open relationships are built between the managing trail organization and the landowner. Roles and responsibilities are well understood, and issues around trail users, parking & signage are clarified.
- Landowner desires are well understood by trail managers and users. For example, when trails are closed due to hunting or other factors.
- Landowners know who to contact if there is information or concerns to share.
These and other factors should be in writing and also outline the long-range plans for trail development. Copies of this signed document should be sent to the landowner and the land manager.
Trail Manager Responsibility to Landowners
- Trails will be built to a high standard considered by the industry as “sustainable.”
- Trail infrastructure (signs, trailheads, etc) and trail damage will be addressed as reasonable by trail managers.
- Annual check-in with each landowner to ensure the landowner’s satisfaction with the trail manager.
- Vulnerable trails will be closed as needed during mud season.
And please remember, according to the law: “An owner shall not be liable for property damage or personal injury sustained by a person who, without consideration, enters or goes upon the owner’s land for a recreational use unless the damage or injury is the result of the willful or wanton misconduct of the owner.”
Remember, public use of private property for recreational purposes is a privilege, not a right. Ultimately, the landowner controls what happens on their land. The landowner may specify only certain types of use while prohibiting others. Prohibiting one type of use while accommodating another is accomplished through legal posting (10 V.S.A. Section 5201) or by contacting your town clerk.
Changes in Land Access / Acquisition
- If a landowner hosting public trails is no longer willing to allow the use of their land, it is requested the request be made in writing to the land managers and a meeting takes place to discuss the reasons for the decision.
- If a trail manager desires to acquire an easement for a trail for public use, landowner participation is strictly on a voluntary, “willing seller/will buyer” basis.
- Under Vermont law, the State of Vermont cannot use eminent domain as a means to acquire land for recreation or conservation. The Federal Government does have this authority, but only for acquisitions associated with the Appalachian Trail.
- Under Vermont law, when a landowner grants permission for public recreation, individuals using it cannot claim prescriptive easement as a result of their work. Granting access clearly establishes ownership from the outset.
Landowner Appreciation
In addition to making sure that trail users respect landowners’ wishes — for parking, staying on the trail and not making side trails, staying off trails when they are closed due to hunting or mud season — please remember to thank landowners! Showing appreciation underscores the value of this unique relationship and its positive impact on local communities.
There are as many ways to thank landowners as there are trails. Here are a few ideas to get you started:
- If you have a website, post your gratitude! For example, check out this Kingdom Trails landowner benefits page.
- The Borderlands Ride with Gratitude Initiative encourages riders to pledge to show their respect and appreciation in a variety of ways.
- This great appreciation video example from Richmond Trails showcases handwritten notes and letters from grateful trail users.
Learn More
Want to learn more? Check out these resources about how trail managers in Vermont and beyond work with landowners, and the laws and principles that guide them.
Still Have Questions?
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