Not posted land - fair game?

[bkln]

DEC says that you always should ask before hunt, as far as I know it is not illegal.

What do you think guys? The same goes for posted land with no address or contact info, even if I want to ask I don't know who to ask. And for the record, I did not trespass I just see a lot of land that is not posted and having second thoughts and need your opinion.

Thanks

[Cabin Fever]

Just because land isn't posted does not mean "Welcome". Someone still pays taxes on it and it belongs to someone. Knock on some doors to find out who it belongs to or go to the tax office and look at a tax map. Just because you don't know who it belongs to does not give anyone the right to tresspass onto someone elses property.

[sits in trees]

its best to know where you hunt is acceptable, someone owns the land and may not have had the chance to post it or whatever. if its posted and there is no address on the sign that should be good enough reason to stay off.

besides the last thing you want during a relaxing hunt is having some pissed off landowner pull up on you and ruining your hunt...

i've said this before on this forum and here i go again, NY has close to 1 million acres of state land which anyone can hunt. some of the lower regions get crowded but alot of it is underhunted and holds great deer. most of it borders private land anyway. just get on the DEC interactive mapper and look at all the land out there. especially at this point of the season now going into muzzle loader season most state land is very deserted....

[sampotter]

It specifically says in the DEC booklet that a hunting license does not give you the right to go on private land without permission, posted or not. The end.

[Nomad]

STAY OFF MY LAWN, as Clint said... and my land too. Hey is your yard posted ? No? fair game then, think i'll go for a swim in your pool and shoot some hoops in the driveway.

I know farmers who don't post but watch out, one will walk the woods with a chain saw if you got a stand in his tree T-I-M-B-E-R.....

The "I did not know it was your land " is met with the " But you knew it was'nt YOURS right?"

Our's is posted with a name of our land management group and a po box.

Non posted land is a good place to start knocking on doors,nothing else .I hunt a large farm we don't set foot on ground the farm does not own, posted or not .

[BigGuyNY]

You are not required by New York State to post private property. However, you are required to know where you are hunting. Property that isn't posted is not an invitation to trespass and hunt. Plenty of state land for non-land owners.

[Ford]

The fact is if it is non posted, unimproved land, it would be legal to hunt.

Edited December 10, 2011 by Ford

[bkln]

OK, Thank You Fellows, I think I get the idea :-)

Now, as a side note, how was hunting and posting in this state say 60 years ago (I lived in the city before I moved to the country side), was it also a touchy subject or people didn't really care who hunted and where and we just recently got more sensitive about the issue? I would appreciate the words of wisdom from the older "wiser" folks :-)

Thanks

[sampotter]

The biggest reason people want to manage who is on their land is the liability issue. Everyone is afraid of getting sued.

[nyslowhand]

The fact is if it is non posted, unimproved land, it would be legal to hunt.

That is absolutely NOT true!!!

Quote the law that backs-up your fact and prove me wrong!

Someone owns it; unimproved or improved, individual or business, posted or not.

You as a hunter would be tresspassing on that unimproved land.

This is why more & more landowners are posting their property!

State lands that allow hunting are the only lands open to all without question!

[bkln]

The biggest reason people want to manage who is on their land is the liability issue. Everyone is afraid of getting sued.

I think this is a biggest misconception of them all especially in NY, here is a snippet direct from DEC

...

Q. Is posting required to protect landowners from liability?

A. No. Whether the property is posted or not, the General Obligations Law protects landowners from liability for non-paying recreationalists on their property.

...

I got denied the hunting rights a few times just because I didn't have liability insurance, I said I don't need one, still, got a NO-NO....bummer...

[Fishon]

It depends. Are you faster than a speeding bullet?

[bkln]

That is absolutely NOT true!!!

Quote the law that backs-up your fact and prove me wrong!

Someone owns it; unimproved or improved, individual or business, posted or not.

You as a hunter would be tresspassing on that unimproved land.

This is why more & more landowners are posting their property!

State lands that allow hunting are the only lands open to all without question!

OK, here we go...

Q. Must I post to keep people off my property?

A. No. Trespassing is illegal even on unposted property, unless it is unimproved, apparently unused and unfenced (or not otherwise enclosed to exclude intruders.) Even on vacant land, a written notice delivered in person (or by certified mail with a signed receipt, etc.) to any person, in the name of the landowner or authorized party, containing a description of the premises and a warning of restrictions which apply has the same effect, for that person, as if the land were posted with those restrictions. Likewise, anyone asked to leave the premises, posted or not, by the landowner, occupant or other authorized person, must do so immediately.

Here is the link

Sorry slowhand, you are wrong :-)

[bkln]

Q. Must I post to keep people off my property?

A. No. Trespassing is illegal even on unposted property

Well, I guess I answered my own question on the other post...:-)

[wooly]

bkln, on 10 December 2011 - 06:34 PM, said:

Q. Must I post to keep people off my property?

A. No. Trespassing is illegal even on unposted property

I had an experience a couple years ago on unposted propperty. Simply put, the landowner called the DEC...the ECO came to my house and issued a warning because the land was not posted propperly. About a wek later I got a certified letter from the landowner describing the boundary lines which at that point were clearly marked by his signs. ECO explained at that point that any further intrusion would be considered trespassing.

[doulos]

The fact is if it is non posted, unimproved land, it would be legal to hunt.

Totally untrue

Where do you get that info?

Did you just make it up?

[bkln]

Totally untrue

Where do you get that info?

Did you just make it up?

Do you actually read the posts on this forum?

....

Q. Must I post to keep people off my property?

A. No. Trespassing is illegal even on unposted property, unless it is unimproved, apparently unused and unfenced

....

http://www.dec.ny.gov/outdoor/8371.html

[loworange88]

I dont want to add fuel to the fire but the answer to that question seems like a HUGE gray area. Better to just find out who owns it, or just leave it alone all together.

"unless it is unimproved, apparently unused and unfenced"

[Four Season Whitetail's]

Better hope you dont pick the wrong unimproved,unused,unfenced land to tresspass on. How long ago was there a killing in the woods when a landowner told an unwelcomed hunter to leave the woods. If someone needs to stand on the edge of someones property and say to themselves....I wonder if i would get into a bunch of sh!t if i went on that land...More often than not..You Would!

[ncountry]

"unless it is unimproved, apparently unused and unfenced"

I would be willing to bet this is meant for the big woods where one could easily wander onto neighboring pieces without knowing it.Either way ignorance only works the 1st time .Most well settled parts of the state have an old fence line or hedge....something indicating a property line.

[fasteddie]

Get yer butt off my property boy !

You find out who owns the property and get permission or stay off ..........

[waterweasle]

the way it was told to me by an ECO, if the land is unposted, unimproved, apparently unused and unfenced, that you COULD tresspass, untill the owner or an agent of the owner tells you to leave, and after that if caught you could be arrested/ticketed for trepassing

[rong]

it seems like the 2 responses contradict each other,one says its illegal to tresspass on unposted property,the other says undeveloped is ok?

[growalot]

PPL wonder why the land scape is plastered with posted signs every 60ft...

[KEVA]

He is right about the unimproved part, but that is a gray area. Most areas have fields around them. Fields=improvement->trespassing. Any paths or trimmed trees constitute as improvement. I never saw anything about having a clearly defined border, just improved land. Would be pretty easy for most land owners to demonstrate that their land has been improved. As for the DEC get caught once get a warning, twice and trespassing. I would question if that is the law or the way they handle the situation. A pissed off landowner may not bite on a warning and pursue charges.

Not to mention if you shoot a deer then get caught, have a fun time retrieving your deer from a pissed off landowner. Like stated earlier, it is YOUR responsibility to know where you are hunting, not the land owners.