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NY hunting law help, what would you do?

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NY hunting law help, what would you do?

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Old 12-01-2004, 07:49 AM
  #1  
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Location: Saratoga NY
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Default NY hunting law help, what would you do?

I have roughly about 225 acres of land and currently trying to purchase another 40acres to add to the empire. 20 acres is behind a well known horsefarm that raises thorougbreds and the 20 acres is land locked but i can get to it from water way but its very swampy. I have had permission to hunt this the past couple years becuase when the farm was made 30 years ago the main horse field was leveled and about 200ft back to far on to my land. The horse farmer knew this and that is why he let me park at farm and walk in so i wouldnt have to cross swamp with hip waiders and machette. Well me and a friend went out opening day. Come to find out the farm owner is letting other people hunt the area who dont belong there or even own land back there nor does the farmer but once i get the 40 acres they wont be hunting there anymore. Upon finding this out i was angry but didnt want to start problems. Well opening day came and i chased 2 people away and sent them in the other direction i knew they woudl ahve no chance of getting a deer cause i have scouted the land out. I put my friend on the corner of the field, MY LAND... he was like 50 yards behind the fence and better then 600ft from the closest structure a barn. Well 8am came and a 4 pointer came threw the swamp and caught me by surprise. I knew where the other hunters were sitting and took a shot at the deer and missed on purpose cause i knew a good shot wasnt going to happen with this deer at that time... oh well, it ran the other way and i knew the other hunters wouldnt get a chance at him. Upon leaving the woods the farmer came out and was screaming at me and my friend cause we were hunting to close to the fields and 10 years ago he let a hunter come in and the hunter shot and scared a horse so bad the horse damn near killed itself trying to run threw a fence. He told me he would post the land... land he dont even own. Told me if i didnt hunt where he told me to hunt then to not come around again. I havent been back cause of his yelling and no one tells me where i can and cant hunt on my own land regaurdless. I along with my friend were over the 500ft from the barn(s). Just cause the horses were in the field he believes we shouldnt hunt there.... The swamp is bad and the deer run the backs of the fences... were not hunting there to make him mad... im gonna hunt where i see and can harvest deer. Next year i will make a trail threw my land to get behind the farm. Its not like I'm opening a firing range behind his place i want to hunt and as long as i do it by law tough Sh*t for him and his horses. If he had asked me nicely we would have went farther into the swamp to hunt but the way he talked to me and yelled at me its to late for that. I'm getting that 20 acre peice surveyed so i can re-establish my property lines and take part of his field which we own back. We pay taxes on it so i want it back. I am afraid to call up ENCON and ask questions cause they will want to know where the farm is and where im hunting... i dont need them watching me. Part of me wants to ask them but I dont want them have my name down in a book and waiting for a call from the farmer the next time i shoot or a friend does. My friends are all scared to go hunting back there with me now to. So by law if im over 500ft away from barn(s) and shoot and something results to his horses do the SCARE of the shot can or cant i be held responsible? Any suggestions on this matter would be greatly appreciated.
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Old 12-01-2004, 08:38 AM
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Default RE: NY hunting law help, what would you do?

want it
AS LONG AS YOUR NOT BREAKING THE LAWS THERE ISN'T ANYTHING THEY CAN DO YOU PAY TAXES ITS IN YOUR NAME ITS YOUR LAND... WHY NOT GET A LICENCES AND OPEN UP A SHOOTING RANGE IF YOUR THAT MAD... OPEN IT UP FOR FREE.... BUT AS LONG AS YOUR GOING BY THE LAWS THERE IS NOTHING THAT CAN BE DONE... HAPPY HUNTING... I'M IN PA WOULDN'T MIND COMING UP TO GET ONE OF THOSE NY SWAMP DEER LOL...
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Old 12-01-2004, 10:01 AM
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Location: East Wakefield NH USA
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Default RE: NY hunting law help, what would you do?

If the land is your's, it is your's to do whatever you see fit. As long as whatever you do is within the scope of the law. I would consult ENCON, as far as the issue of scaring horses. Be courteous to the ENCON officer and let him know what's going on, and most likely everything will turn out okay.

Good Luck
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Old 12-01-2004, 01:03 PM
  #4  
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Default RE: NY hunting law help, what would you do?

Leo,

You need to be 500ft away or further from a dwelling (inhabited or not, including barns), unless you have written permission to be closer.

The regs state that you cannot shoot in the direction of a dwelling, domestic animals or livestock. As long as you don't shoot towards the horse, there's nothing the landowner can do to you or your hunting partners.

I'm just curious though...with 225 acres, the only/best spots you found were within the immediate vicinity of your neighbors horse fields? Not doubting it, just curious if some more scouting might provide a more "amicable resolution" to your problem...

S&R
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Old 12-01-2004, 02:24 PM
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Default RE: NY hunting law help, what would you do?

ORIGINAL: Strut&Rut

Leo,

You need to be 500ft away or further from a dwelling (inhabited or not, including barns), unless you have written permission to be closer.

The regs state that you cannot shoot in the direction of a dwelling, domestic animals or livestock. As long as you don't shoot towards the horse, there's nothing the landowner can do to you or your hunting partners.

I'm just curious though...with 225 acres, the only/best spots you found were within the immediate vicinity of your neighbors horse fields? Not doubting it, just curious if some more scouting might provide a more "amicable resolution" to your problem...

S&R
I am 24 and been hunting my land since i was 18 years old and hunt it hard ever year. The past 2 years with no acorns being on my oak trees where i hunted the prior years i have resorted to scouting other spots to find deer. Since the hardwoods isnt producing i have to resort to the swamp hunting. If i walk to edge of hardwoods to the swamp in the direction of the farm threw the swamp with hip waiders and machette its still a 3 hour hike due to how thick it is. It sucks when your hacking and hiking threw the stuff and you hear deer 10 yards away or less and you can do nothing but hear them splash... there are no trees to mount stands in cause its so swampy. I mean you do come across good trees here and there but they are few and far between. When you get close to the fields its easier to hike and hunt cause you dont need hipwaiders and machette to get threw it just a pair of knee high rubber boots and you still watch your step. Its my hardwoods surrounded by swamp on all sides except the 4th side which is the 1/4 mile wide creek. Like i said (i think) in prior posts the deer run the edges of the fields cause its easier for them to get to my land and swamp from the neighbors land which is a wildlife preserve. This upcoming winter i will clear trails with my sicle bar mower and find some other spots to hunt but wont give up my spots next to farm for the sake of his happiness and horses. If i can hear the deer from over a 100 yards away hiking threw the waiste deer swamp then they can hear me even farther off. Sometimes i have nightmares of shooting a deer in this swamp cause you would be dead by the time you get it back to dryland and get it home. It really is a swamp from hell and the deer take the easiest roots in and out of it cause there is no hunting pressure on them. My hardwoods isnt producing food and the rest is all swamp my land behind horsefarm borders the preserve where there are pastures that deer feed at night... they follow the fence line cause its easy thats why i hunt it. Wherever i find deer and i can legally hunt them then so be it. Im not going back several hundred yards into the swamp in hip waiders carrying my portable treestand just to see deer run the fence line and not have a shot cause its at the direction of his pastures i dont approve of. If i hunt the fence line and something comes underneath me or out in the swamp then i have a good shot... if i go out deeper and something nice comes up between me and farm then you have to think hard about the shot cuase it will be in the direction of the farm and fields. Hope this clears up on why im hell bent on hunting this whether he likes it or not.
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Old 12-01-2004, 02:45 PM
  #6  
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Default RE: NY hunting law help, what would you do?

if I read your post right the horse pasture is on your land fence it off and tell him to bad
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Old 12-01-2004, 03:01 PM
  #7  
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Default RE: NY hunting law help, what would you do?

ORIGINAL: johnl

if I read your post right the horse pasture is on your land fence it off and tell him to bad

You better believe it. His land was leveled down 30 years ago... decided to level down extra 200ft ATLEAST on to my land. We knew about it and never made a fuss out of it cause he was cool (or i thought). Well after our unfriendly encounter last week on opening day of gun I have hired a surveyer and will re-establish my property lines. Hes gonna have fun pulling up several 100ft of fence and relocating it. Probably gonna cost a few $$$ to get it surveyed but it will be worth it to see him remove his fence off my land. I have talked to lawyer and squatters rights like everyone pleads wont work in his case cause my attorney has dealt with land disputes before. He can do it the easy way or hardway... either way his fence is coming down!
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Old 12-02-2004, 05:46 AM
  #8  
 
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Default RE: NY hunting law help, what would you do?

ORIGINAL: hunter Leo

ORIGINAL: johnl

if I read your post right the horse pasture is on your land fence it off and tell him to bad

You better believe it. His land was leveled down 30 years ago... decided to level down extra 200ft ATLEAST on to my land. We knew about it and never made a fuss out of it cause he was cool (or i thought). Well after our unfriendly encounter last week on opening day of gun I have hired a surveyer and will re-establish my property lines. Hes gonna have fun pulling up several 100ft of fence and relocating it. Probably gonna cost a few $$$ to get it surveyed but it will be worth it to see him remove his fence off my land. I have talked to lawyer and squatters rights like everyone pleads wont work in his case cause my attorney has dealt with land disputes before. He can do it the easy way or hardway... either way his fence is coming down!
Does NY have an Adverse Possession law?? If so,the other guy may be able to claim a portion of your land. If he can show that he has maintained that portion as if it were his own for whatever number years the law requires. Adverse Possession in NOT the same as squatter's rights.
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Old 12-02-2004, 08:27 AM
  #9  
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Default RE: NY hunting law help, what would you do?

I believe we do adverse possession law. He has not maintained it to extent where he can claim this.... its a field with fence on it that horse graze on. Its not like he has a road there or a farmer raising crops on it year in and year out. He houses horses so technically speaking hes been making money off my land while we been paying the taxes. Either we can have our land back or i can sue him for 30 years use of my land and if he is awarded the land for some reason he would have to pay me back taxes on the land for the past 30 years.
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Old 12-02-2004, 09:25 AM
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Default RE: NY hunting law help, what would you do?

I REALLY THINK YOU NEED TO SIT DOWN AND TALK TO HIM ABOUT THE MATTER MIGHT COST YOU MORE IN THE LONG RUN... MAYBE HUNT ALITTLE DEEPER IN THE WOODS DO SOMETHING SO IT BOTH WORKS OUT FOR BOTH OF YOU AND IF HE IS ON YOUR LAND LET HIM KNOW HE IS AND LET HIM KNOW IF YOU CAN'T WORK IT OUT YOU WILL BE TAKING HIM TO COURT.....
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