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And the trespassing begins


jesse.james
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I lease a parcel of land bumped up against a few homes. Was hoping I would not have trespassing. Brand new stand about 40 to 50 yards onto my property. Also baiting. The land is an old Apple orchard but there are apples where there should not be. Thinking I put a note saying you have 1 week to move it or lose it. What do you all think?

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Edited by jesse.james
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You lease the ground, so dealing with trespassers impacts you financially. It's not as if this were some free permission situation. You are paying for access someone else is taking for free illegally. And, they are baiting. It's a 1-2 gut punch.

 

If it were one or the other, I'd be inclined to do as they say. But with both violations, I'd call it in, talk to the DEC officer, tell him the situation, of which I think he'll be more than understanding to look into it.

 

Leasing is mostly a short-term thing. Some leases can without a doubt be long-term, but they can end on short notice. You don't have time to be playing games chasing around a trespassing baiter. Let the DEC officer do his thing to hopefully squash the situation. If you don't, that guy will know you didn't call the DEC, and he'll just move his stand or come in another way, etc. It's unfortunate, but you have to play hardball sometimes to get the desired outcome quickly. Idle threats are called that for a reason, and people keep on keeping on in those situations unless a force acts upon them (DEC).

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Take the stand and leave a note on the tree with your phone number. Tell them to call you to come and get it. That way, you know who it is and can explain things to them directly.

 

This and tell them that baiting is illegal.If you hunt that area you will have the finger pointed at you.Personally I am a prick so I would have the DEC on the horn showing them the bait and let them handle it.

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Make sure you talk to the land owner from whom you lease the property.  Let him know you plan on calling the DEC, just as a courtesy call.  Not that it legally matters, but is the property posted?  If it is, then it's like the situation where we hunt.  We found a hang on, took it down, left our number to call, and posted one of our posters right on the tree, just to remind him he had to have seen our posters when walking in.  He never called or came back. We told the property owner, and he said to drive him or anyone else off the property cause nobody else had permission.  Before we used the property, there was no poster signs on it.  We went out, had them made, and put them up.  I know that had to piss off a lot of people, but at least the owner's happy with it.

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Bad enough sponging off your hard earned money but he is risking  your tag with the baiting...Take pics call land owner immediately...to make sure your not putting his" beets in stew" as it were...after that call the DEC let them know whats going on and suggest you take the stand and leave note with the DEC officers # on it....not saying whos # it really is..This way the perp can't get even by accusing YOU of baiting

Edited by growalot
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If it makes you feel any better last Sunday morning I had a fawn and mama feeding around me at first shooting light and as I'm getting ready to pick my bow up I hear a crunch crunch crunch to my right and get all pumped. Here comes a buck, so I think, only to be completely dumb founded to see a man wearing a blaze green vest riding a mountain bike with flashing lights on it ride right under my treestand. I was so in shock I didn't even say anything, I thought maybe it was the one other guy who can hunt there, it wasn't just some random dude getting his exercise on and ruining my hunt. He drives up to a fence that he can't cross and turns back around and leaves. I should have said something but I was so in shock at what just happened I couldn't speak. The deer were just as confused as I was, they didn't take off until he came back through. I was to busy watching him i figured the deer were gone. I watched their flags as he heard back our way.

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Take it now.  leave a note that they can pick it up if they call you.  when they show up get their info (name address and nunting tag #).  Tell them if they come back you will have them tresspassed off the property

+2.  After almost getting shot by a trespasser 3 years ago take it down.  i have zero tolerance for it.

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For sure, take it down.  I like the idea of leaving a note saying call this number to get your stand back and having it be the ECO's number.  I hadn't thought of that one. 

 

I was going to suggest you take it down and put it in the corner of your garage, then in a couple weeks call your neighbor over for a cold beer and let him see you have it and wait for him to say something.

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Question here:  When one leases hunting rights, does he/she have the authority to charge trespassers?  If you lease hunting rights and nothing else, then cannot others enter the property for other reasons?  I can see a bazillion ways for any purported "trespasser" to fight you on this.  Foremost might be a charge of "baiting" leveled at you.  (Side question.....The "bait" wasn't a "food plot" was it?)

 

'Nother question:  Might the perpetrator be entirely innocent?  Could have he/she just wandered in and placed a stand, without knowing about your lease.  When you lease...can you post??  Lots of questions here guys 'n girls.

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Calling the DEC is the worse thing you could do.  If they want to stake it out and catch the person doing that could screw you up for weeks,  then you can not hunt there.  Take the stand and leave a note,  You will never see them again............

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Question here:  When one leases hunting rights, does he/she have the authority to charge trespassers?  If you lease hunting rights and nothing else, then cannot others enter the property for other reasons?  I can see a bazillion ways for any purported "trespasser" to fight you on this.  Foremost might be a charge of "baiting" leveled at you.  (Side question.....The "bait" wasn't a "food plot" was it?)

 

'Nother question:  Might the perpetrator be entirely innocent?  Could have he/she just wandered in and placed a stand, without knowing about your lease.  When you lease...can you post??  Lots of questions here guys 'n girls.

 

Thats not true at all.  If you catch a trespasser and you have been giving rights by the landowner to kick them out and the property is properly posted what happens is you actually tell the cops that you are making a citizens arrest and they could arrest you for trespassing.  Belive it or not there is such thing as " citizens arrest" and it is not just in the movies..........   

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let dec take care of the problem this is what they are paid to do, also they know what actions can be taken and which cannot. example. what if the other hunter has permission to hunt in a area but missed the posted signs. so you take the stand down and leave a note.......... mabey the hunter will show up or mabey it will be a deputy investigating the theft of property. if it where me i would call not only the land owner but also the dec... better safe and done legally that in a manner in which might put you in the wrong. just my opinion......... either way best of luck to ya and hope it all gets worked out.

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