Situation Ethics????........2 Part Question .....**UPDATED WITH twils real life situation

[Dr Andy]

Yeah, trespassing is trespassing, so... either don't hunt close to the fenceline or shoot the buck if it crosses go tell the property owner and try to get permission and at least inform him that the buck is now his if he won't let you get it. I don't think I'd trespass if i was explicitly told I could not.
BTW, I'd be looking for some new property to hunt on. Don't trespass, follow the rules. This does become an ethical question, and we all seem to be a pretty ethical bunch on here,at least when it suits us.

[deepzak]

ORIGINAL: PreacherTony

I actually thought about something like that ..... I wonder if that would be tresspassing though ..... if not, then you could shoot a deer on the other guys property, it would only be tresspassing if you were physically on it.... somehow I don't think that would fly ...

I think that if you shot the deer on anothers property, that would be classified as "hunting" on it, since the hunt includes the kill. Technically, it's the land owners deer until it leaves the property. If it was shot on another property and retrieved in the manner described......IDK. Wish there were a GW on here who could shed some light on this......

[Goodgrief]

ORIGINAL: PreacherTony

[align=left]Ok .... let's hear what you think ..... also, has either happened to you?[/align][align=left][/align][align=left][/align][align=left][/align][align=left]Scenario 1.[/align][align=left][/align][align=left]You found a great spot just 30 yards from someone else's property that you DON'T have permission to hunt ..... the biggest buck you have ever seen walks the fence line on HIS property ... he is walking slowly, stopping for 10 seconds at a time ... it is obvious he is just going to follow the fence line away from the property you hunt ..... do you shoot?[/align][align=left][/align][align=left]Scenario 2.[/align][align=left][/align][align=left]You are hunting from the same stand, the previous scenario has not happened, the same buck comes by on the property you are hunting, you drill him at 20 yards ... he runs, jumps the fence, then dies 10 yards on the other property ... again. you have been told that you will be prosecuted if the landowner ever found you on his property ...... do you get the buck? In the area you are hunting, the neighbor is great friends with the CO and there is not a law stating that he has to let you recover your deer.....[/align][align=left][/align]

On #1, I would not shoot. But if I did shoot, who would be able to say that Buck was on either side of the fence at the time. Also, was the Buck in #1 on the easement of the properties? On #2, Why would the neighbor "be" such a idiot about you retrieving your deer shot on your side? And have a CO back him up on that lunacy? It's a law in my state, that you have to do everything you can to retrieve any game that you shoot. If you know for a fact, he's going to take the deer from you would it be worth the chance of atresspass ticket?I would haveto recover the deer (legally shot), because of my ethics to recover. All this said, my first move would be to smooth over the ill feelings that are the real underlying problem and fix the situation between me and him. Kill'em with kindness, it only makes your situation better.

[PreacherTony]

ORIGINAL: Goodgrief
[align=left]On #1, I would not shoot. But if I did shoot, who would be able to say that Buck was on either side of the fence at the time.

[/align][align=left][/align][align=left]that is definitely an important variable .....[/align][align=left][/align][align=left]

Also, was the Buck in #1 on the easement of the properties?

[/align][align=left][/align][align=left]can you explain what you mean here?[/align]

[Goodgrief]

ORIGINAL: PreacherTony

[/align][align=left][/align][align=left]that is definitely an important variable .....[/align][align=left][/align][align=left]

[/align][align=left][/align][align=left]can you explain what you mean here?[/align]

Where I live, there is what we call an easement on the property line. What it is, is a 10 foot grey area on either side of the property line, because no property line is "exact". So the easement says either party can walk on, access, for working on say fence lines w/o tresspess.You can never get a property line within a inch so this law alleviates any access arguments. You cannot build on it, just access it.

[niehenke]

I placed a poor shot on a deer one year and I can tell you that it went 5 miles most of which was not on my property, but I can tell you that it did not suffer long after I caught up to it. Yes, I learned a lesson by taking that poor shot, but I will do whatever it takes to place a deer out of its misery especially if I caused it. Second, if you are hunting areas where fields are prevalent and fence/tree lines separate the properties, are you placing your double bull in the middle of the field? I'm hunting the treeline and I really don't mind if anyone hunts the edge of my property or the properties where I have permission nor would I care if they tracked a deer right through the middle of it. In fact, here is a real good one. The guy hunting the 40 acre plot adjacent to property that I hunt on shot a 120" 10 point which staggered past me 1 day later so I put it out of its misery and attempted to find him so that I could give him the deer. Well, I could not locate him that evening and throughout my travels, found someone that did not get a deer and really wanted the meat for his family. No problem, he was happy and I still had a tag. 1 week later, I located the guy and he informed me that he thought that he just nicked the deer and didn't go looking for it. The deer, when it went past me, was 200 yards from his stand. His shot had full penetration through the guts. Here is the REAL kicker, the big boy that I was chasing all season, walked beneath him the very next day and he took it. More bad news, I did finally take a deer that year which was the deer that I tracked for 5 miles and 10 hours. Late that night, I finally ended up at the butcher. He pulled the hide down over the neck and there was a big puss ball, green at that. It was hit with an arrow and wasn't doing to well. My butcher said that he wouldn't eat it so I sure wasn't. That wasa very long year with 0 in the freezer and 2 sets of antlers.

[mnbirddog]

Say what you will, but personally if nobody was watching, a couple feet over the property line wouldn't bother me in the least. I personally draw the line at stepping on the other property to shoot something (without permission). If (and this happened) I hit a deer on property I have permission, and it runs toward another property I cant go on, I will continue to take followups even if it is 20 yds in. (I did hit him with a followup and recovered him)

[deepzak]

ORIGINAL: niehenke

I placed a poor shot on a deer one year and I can tell you that it went 5 miles most of which was not on my property, but I can tell you that it did not suffer long after I caught up to it. Yes, I learned a lesson by taking that poor shot, but I will do whatever it takes to place a deer out of its misery especially if I caused it. Second, if you are hunting areas where fields are prevalent and fence/tree lines separate the properties, are you placing your double bull in the middle of the field? I'm hunting the treeline and I really don't mind if anyone hunts the edge of my property or the properties where I have permission nor would I care if they tracked a deer right through the middle of it. In fact, here is a real good one. The guy hunting the 40 acre plot adjacent to property that I hunt on shot a 120" 10 point which staggered past me 1 day later so I put it out of its misery and attempted to find him so that I could give him the deer. Well, I could not locate him that evening and throughout my travels, found someone that did not get a deer and really wanted the meat for his family. No problem, he was happy and I still had a tag. 1 week later, I located the guy and he informed me that he thought that he just nicked the deer and didn't go looking for it. The deer, when it went past me, was 200 yards from his stand. His shot had full penetration through the guts. Here is the REAL kicker, the big boy that I was chasing all season, walked beneath him the very next day and he took it. More bad news, I did finally take a deer that year which was the deer that I tracked for 5 miles and 10 hours. Late that night, I finally ended up at the butcher. He pulled the hide down over the neck and there was a big puss ball, green at that. It was hit with an arrow and wasn't doing to well. My butcher said that he wouldn't eat it so I sure wasn't. That wasa very long year with 0 in the freezer and 2 sets of antlers.

This brings up a whole other ethics debate; that of should you allow someone to utilize one of your tags, or should you use someone else's tag to tag your deer? Some states allow party hunting, but I believe that in most of those, both parties must be in attendance and participating in the hunt.

[Charlie P]

Technically, it's the land owners deer until it leaves the property.

Depends on the state you live in nYS you don't own any animal just because it's on your land.

[Charlie P]

For all the folks that say they wouldn't shoot in the second second scenario what if the deer traveled 100,200 0r 300 yards and then crossed the property line?

I hunted a spot for years until a anti bought the three hundred acres next to it and wouldn't let anyone cross her line to recover a deer.

Why? Well I'm not the owner and I didn't want to give him a headache when I crossedthe line to recover a deer.