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And the trespassing begins


jesse.james
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I feel a need to have the land owner on board. I confronted someone on land that we supposedly had exclusive rights to with the exception of two other people who we contacted. It turns out this guy is a "local" and has been hunting there his whole life unbenounced to the owner. By the time we explained our side to the owner, WE GOT KICKED OFF! Land owner did not want a problem with local neighbors so we got the boot. Make sure the landowner is on board with your plan- it is his/her land.

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Leasing should be more than just a handshake and an exchange of money......make sure it's spelled out on paper. This may turn some landowners off, but it should be done. If you want exclusivity to the property for everything during the season, get it in writing.

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Leasing should be more than just a handshake and an exchange of money......make sure it's spelled out on paper. This may turn some landowners off, but it should be done. If you want exclusivity to the property for everything during the season, get it in writing.

 

Agreed,  I once had exclusive rights just by saying I would knock some money off the landowners bill.  Well over the years they have had alot of contractors knock money off there bill for hunting rights.  Very disappointing.......

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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..........   

 

 

before you jump in there and make a "citizens arrest"  you better study on how it si done and the repercussions of it if ti does not go well.  I would not even consider that if ti were me.  

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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.

 

 

I would believe you must have legal rights to do so and if it were to hold up I would bet it has to be in a formal lease and spelled out. Our lease specifically says we have rights to post eh property and control access expect for the owners actuall personnel and operations. . If you actually catch the person in there confrontation is always an iffy proposition. Best to have a witness with you I would think. Pictures are great and I have seen it successfully prosecuted with a photo, and/or  a witness.. If people are posting property I would suggest that they really reas up on proper posting of the place. If it isn't done correctly it will not stick. If you catch some one and the property is NOT properly posted you must give them written notice they were trespassing and the second time they are caught on there they can be prosecuted. Much easier to have it posted correctly.

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This is a lease with a company that owns various properties. The owner is on board. I'm sure the dude is local. ... more than likely had been hunting it for years without permission. So as of Sunday if it's still there it will be coming home with me. In its place will be a note in a zip lock on how to contract me to get it back.

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I would look up your local DEC agents, call one, and anonymously ask what you should do in your case. Do not call from home or your cell phone.  If they say take it down, fine, if they say leave a note, fine.  At least you heard it from the horses mouth.  Also, when you leave the note, give them your number and the name and number of the DEC agent you spoke with.  Chances are when he sees DEC AGENT Officer .......... and the number, he won't bother you again, because of the baiting. 

 

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I like the take it down and leave a note idea. Only thing I would worry about is if they are a neighbor they might know where your stands are and mess with your stuff.

We have one hang on but that's opposite side of the property. We just use climbers on those property

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before you jump in there and make a "citizens arrest"  you better study on how it si done and the repercussions of it if ti does not go well.  I would not even consider that if ti were me.  

 

It is done in front of the cop, it is not done like some charle bronson movie.........

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I think many of you are over thinking the situation. If he takes it down and leaves a note, the person will get the idea he isn't welcomed and I'd think would call to get it back and issue is most likely solved. I know personally, recently I got permission from a landowner to hunt his property. Well come to find out he didn't own squat and what he told me was his was actually another guys and I lost a climber I left in a tree for a night. Never saw the owner but a buddy that got rights to hunt with me saw the owner talked to the guy and we never went back after finding out it wasn't actually owned by "originally said landowner". Wish the guy left a note so I could get the stand back, there were no posted signs and I thought I was in the clear.

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Hey Bubba I'm with you on this one. There is some land that bordered my property that we had permission to cross but not hunt, and there was this  Barney Fife type guy who was all ticked off because he was not allowed to hunt on either that or my property. Well the fool decided to intercept my cousin who was crossing a field and about to enter my land. The guy came running at my cousin screaming at the top of his lungs "hey..hey...stop...stop...I'm putting you under citizens arrest!" LOL He actually got within feet of my cousin and told him he was to "go with me", about a half mile back to the road to wait for the police. Well let's just say it's a good thing he caught my cousin on a good day or it would have ended pretty bad. Swinging from tree tops for twenty years with a chain saw strapped to your side, and able to run up a tree as fast as a squirrel, my cousin is nothing but lean muscle, sinew, and short temper. lol!

 

My cousin just kept walking towards my land and laughed at the guy, who then tucked tail and stormed off in the other direction, whining and crying. To add insult to injury, my neighbor called me and said the guy went to his barn complaining after he tried to have the run in with my cousin, and that he told the guy he didn't want problems with me as a neighboring landowner so he told the guy go someplace else to hunt. We never saw the guy again.

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