hunting permission

[Doc]

When you obtain hunting permission, do you always make the landowner sign something in case he forgets months later that he granted you permission? Have you ever had a landowner forget that you are one that he gave permission to? Do you think that asking him to write out a permission slip is maybe getting a bit too pushy or might make him start thinking about legal liabilities that he may be signing up for (rightly or wrongly)?

Do you have a check list of issues you want to address like where to park or places where the landowner might have a conflict with your hunting, or some description of the vehicle you expect to be using, or permission for hunting partners, etc.

[sodfather]

I don't ask permission anymore. I hear enough No's at home..

[GreeneHunter]

DEC has a Printable Permission form on its website !

http://www.dec.ny.gov/docs/wildlife_pdf/ask.pdf

[Buckmaster7600]

Never have,I usually ask around this time of year then check back in around September unless I'm doing something for them or I get a different vehicle.


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[hunter49]

1 hour ago, GreeneHunter said:

DEC has a Printable Permission form on its website !

http://www.dec.ny.gov/docs/wildlife_pdf/ask.pdf

  This is what I use. I also ask where to park & when I can hunt the property, some I can't hunt on week ends. Also some don't want me to use a rifle even if it is  legal in that area.

[Just Lucky]

I dont get written permission.  A smile and hand shake seem to work. I also try not to be a stranger. The problem with written permission is the land owner is then legally liable if i get hurt and i do not want them to be accountable. Without written permission they can press criminal trespass charges on me which gives them a defense against me if myself or my family was to try and do something so ridiculous. 

[erussell]

1 hour ago, Just Lucky said:

I dont get written permission.  A smile and hand shake seem to work. I also try not to be a stranger. The problem with written permission is the land owner is then legally liable if i get hurt and i do not want them to be accountable. Without written permission they can press criminal trespass charges on me which gives them a defense against me if myself or my family was to try and do something so ridiculous. 

They are not Liable for anything in NY unless you pay them to hunt then legally  i beleive they have to get insurance. Otherwise you are responsible  for anything that happens  to you or the property by you. Which it says on the DEC form.

Edited December 25, 2017 by erussell

[coonhunter]

I never have anything in writing. Most of the time they know me or know of me. I make sure they have my name and phone number on a card in case something happens that changes things. I always make it a point to stop in just to stay in touch and offer some help, which is almost always refused. I have a ton of contacts from my coonhunting days, and so far, I always have good hunting even though I am sharing it with others. A lot of landowners like the fact that i help kids and women out to get deer as well.

[phade]

I wish we would adopt Ohio rules. Have to carry the signed form on your person.


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[Robhuntandfish]

All are a handshake and I give them my cell phone number. I always go over where to park and let them know with a text when I will be there.  Except for the lease I have ....same thing but give $ in April.  

When I do ask I always ask for bowhunting. People are more open to that than gun.  

[Doc]

10 hours ago, erussell said:

They are not Liable for anything in NY unless you pay them to hunt then legally  i beleive they have to get insurance. Otherwise you are responsible  for anything that happens  to you or the property by you. Which it says on the DEC form.

I would really like to hear a lawyer say that. I would not be surprised to find out that landowners are still liable for any existing hazards that are present on the property. How about uncovered wells, dangerous and unstable structures, etc. I'm thinking that there may still be plenty of liability situations for a sharp lawyer to work with.

[erussell]

3 hours ago, Doc said:

I would really like to hear a lawyer say that. I would not be surprised to find out that landowners are still liable for any existing hazards that are present on the property. How about uncovered wells, dangerous and unstable structures, etc. I'm thinking that there may still be plenty of liability situations for a sharp lawyer to work with.

Im sure they can try. But if you have the card it looks like a legally binding contract to me. All responsibilities  are  on the hunter. I think any judge  would side with the  land owner.

[cbyzerman]

15 hours ago, erussell said:

They are not Liable for anything in NY unless you pay them to hunt then legally  i beleive they have to get insurance. Otherwise you are responsible  for anything that happens  to you or the property by you. Which it says on the DEC form.

You can not be that naive............

[cbyzerman]

1 hour ago, erussell said:

Im sure they can try. But if you have the card it looks like a legally binding contract to me. All responsibilities  are  on the hunter. I think any judge  would side with the  land owner.

Yea the judge probably will side with landowners after the lawyers get paid.

[cbyzerman]

We use to have several places to hunt in the town of bedford where you need written permission to hunt and it was a way the scumbag cops that hunt would literally walk in the woods and ask for it and ruin your hunt if you were on a neighboring property and did not want you there. Anyway, most of landowners would not do it but one day the landowner who was probably a billionaire saw me getting harassed by bedford police literally ate this piece of shit for breakfast told him to get the F off his property or he would call his boss's and boss's , boss and have his job taken away.  I was never messed with in bedford again.

 

[Dom]

I have a written permission to hunt the only 1 private land parcel that I hunt it's only 14 acre.The only reason for myself is so that neighbors leave me alone.They are the type of folks that will call cops even if you have a family get together.Also as a land owner your responsible for anything that happens on your land wether being in the woods or just a person falling down your side walk.

[goosifer]

6 hours ago, Doc said:

I would really like to hear a lawyer say that. I would not be surprised to find out that landowners are still liable for any existing hazards that are present on the property. How about uncovered wells, dangerous and unstable structures, etc. I'm thinking that there may still be plenty of liability situations for a sharp lawyer to work with.

Doc, you may find this of interest: LEGAL OPINION on LANDOWNER LIABILITY It is from 2000. It gives a good overview of the law, along with a legal opinion that includes several examples where the landowner was held not liable. Of course, anyone can sue anyone at any time, and they will find a lawyer to take the case.

[goosifer]

6 hours ago, Doc said:

I would really like to hear a lawyer say that. I would not be surprised to find out that landowners are still liable for any existing hazards that are present on the property. How about uncovered wells, dangerous and unstable structures, etc. I'm thinking that there may still be plenty of liability situations for a sharp lawyer to work with.

Doc, I think I found info that addresses the examples you stated above. I excerpted it from Recreational access and owner liability - Tommy L. Brown  Department of Natural Resources, Cornell University. Ithaca, NY 14853 In short, I think you are right when it comes to landowner liability related to non-natural hazards.

 

Quote

Question: Can I be sued for natural situations or hazards, such as if a hunter trips over a rock or falls down a steep slope and is injured?

Opinion: Anyone can be sued, but to be successfully sued if GOL 9-103 applies, the recreationist must prove that you (1) knew of a dangerous condition on your property, (2) realized the possibility of the recreationist encountering it, and (3) willfully or maliciously failed to eliminate or reduce the hazard or to warn the recreationist of it; and (4) he or she must show proof of actual loss or damage. Generally, previous courts have ruled that landowners have no duty to warn about naturally occurring, readily observable natural situations such as lakes, streams, or steep slopes.

Question: Suppose there is a hazard on my property, such as an abandoned well or a fallen-in barn, that a recreationist might encounter. How can I protect myself against someone getting hurt and suing me?

Opinion: 1. Do all you can to eliminate the hazard. Have the well filled in or the building torn down.

2. If you can't eliminate the hazard, enclose it by a high, sturdy fence. If a trail leads to the hazard, reroute the trail or put up a barricade to prevent recreationists from continuing toward the hazard. Be careful that the barricade or fence is obvious and does not itself constitute a hazard. Do not use a single wire or cable that a snowmobiler or other recreation vehicle user may not notice and run into. Post frequent warning signs around the hazard, stating that it is a dangerous area and for all to keep out. Note that even these steps may not be sufficient in every situation. Consult your attorney for further advice on your specific situation.

3. Make sure you have adequate liability insurance.

 

[Hunter007]

6 hours ago, Doc said:

I would really like to hear a lawyer say that. I would not be surprised to find out that landowners are still liable for any existing hazards that are present on the property. How about uncovered wells, dangerous and unstable structures, etc. I'm thinking that there may still be plenty of liability situations for a sharp lawyer to work with.

You can get sued even if they  were there  on your property without permission!!! 

I got sued  by a tresspaser if they can find a lawyer lowlife enough to do it they can sue you then you or the insurance loses money either way because of legal fees even if you win you loose . Mine got settled out of court for that reason it would have cost more to  go to trial . 

That is why always have insurace you never know .

And the best part this scumbag was here illegally 

Don't you love America lol 

 

Edited December 26, 2017 by Storm914

[WNYBuckHunter]

I do not ask to have a slip signed unless the landowner requires it. I make sure that I have contact with the landowner throughout the year, which is pretty easy as Im usually doing some work for them, etc.

[cbyzerman]

I also had a situation where a landowner was giving us permission to hunt a large piece of land where we did not realize the land was part of association where it was private community and half of residents were antis.  Once they found out we were in there they went beserk. The land owner still told us to go ahead cause he thought they were acting ridiculous.  Well,  They threatened to sue him stating that they bought the property cause it was " protected land, no hunting"  and that was it for us......... 

[hunter49]

  If you read the DEC.  ASK permission form it states that; The laws of NY absolve the land owner from liability for Non-paying recreationists engaged in;  hunting, fishing, trapping, boating, hiking & other activities. 

[cbyzerman]

15 minutes ago, hunter49 said:

  If you read the DEC.  ASK permission form it states that; The laws of NY absolve the land owner from liability for Non-paying recreationists engaged in;  hunting, fishing, trapping, boating, hiking & other activities. 

Yea and many people get surgery a year and sign a waiver but the hospital and DR still end up in court..........  Guy is hunting on a property and gets impaled by some steel rebar that was left behind by construction. How many of you think that is not ending up in court......  Come on now

[Hunter007]

24 minutes ago, cbyzerman said:

Yea and many people get surgery a year and sign a waiver but the hospital and DR still end up in court..........  Guy is hunting on a property and gets impaled by some steel rebar that was left behind by construction. How many of you think that is not ending up in court......  Come on now

If someone wants to sue  all he needs is find a  lawyer to take the  case 

Then you are stuck paying the  bill to defend yourself even if it gets thrown out of court it can cost you thousands anyway  This happens all the time .

That's why you  need insurance at least that way you are  not stuck paying the whole bill in the end  .

Edited December 26, 2017 by Storm914

[nyantler]

I would much prefer to lease land that is not my own for hunting... draw up lease papers signed by both sides to protect both interests... and still this can blow up in your face if you only have a year to year lease... or the owner decides to sell to a big hunting family. I have lands that I do hunt with verbal permission on occasion... but always knowing that hunting there can change at the drop of a hat. I have made it a point to secure many hunting spots so as to never have a worry for a place to hunt.