trespasser tree stand
 

We went out to our farm which has 200+ acres of heavy woods and we found a metal tree stand in the middle of our forest. The property is complely posted and everyone around us knows we don't allow anyone to hunt it.
We removed the stand and put I no hunting sign on the tree it was hanging on. The stand is know locked in my shed.
Did I do the right thing? Do I have to give it back? Can I file Trespasser charges?

Thanks,

This property has always allowed us to fill our tags with mature bucks.
Three real trophies above the 160 class.
My son is 16 and he has already taken 5 nice bucks including last years monstor that scored 181.
You can see why we don't wont any trespassers

Rob

RE: trespasser tree stand
 

Yea you had evey right to take the stand and lock it up , the farm is your property and you had it posted.
I would have put a note on the tree the stand was in saying thank you for the stand and I would also put a trail - cam near by the tree so I could see who the trespasser is then bust'em

RE: trespasser tree stand
 

Taking the stand without giving it's owner a chance to claim it may constitute theft under your state's laws , I'd leave a note for the owner to come to the house and discuss getting it back . While it is your land and the stand's owner was trespassing you don't have a legal right to steal their property . Either give them a chance to claim it or turn it over to the local police and let them handle it .

RE: trespasser tree stand
 

I would turn it over to a game warden.

RE: trespasser tree stand
 

You did the right thing the loser who did that ought to be punished!

RE: trespasser tree stand
 

I'm absolutely with Kev on this one. Turn it over to the coppers and let them deal with it. I'll bet the guy who left it there won't have the nerve to ask the cops for it back. Then if it's a nice stand and you want it you may have achance to buy it at an auction sometime in the future.

Now for those who beleive taking it and keeping it is the right thing to do, let's examine this scenario............

it was my stand. Yeah I put it there and have been poaching some fine deer out of there, without you guys knowing for some time now. And you keep wondering where some of those nicer bucks you've seen have "disappeared" to. They're on my wall and ebay! You haven't found any of my other stands so I'm still jumping your property. I've seen you guys go by me many times. Now as for my stand that you stole and left that smart note for me to find. I took the note and got me an idea to get it (and you!) back.

I report the stand stolen. Give the coppers a good descrition, maybe I even got my SS on it somewhere you didn't notice. I'm telling the coppers that I saw you drive off from property I had permission to hunt with that stand in the back of your truck. I saw you taking it down when I was stalking into the woods and didn't want to get into a confrontation. So I followed you back to the truck and got your plate number.

Now when the coppers show up at your place and find my stand I'll probobly be decent and agree not to press theft charges against you as long as I get my stand back.

Remember - this is just an imaginary scenario. RARELY! will you ever have to second guess your actions when you do the right thing.

RE: trespasser tree stand
 

This is crazy. The guy tresspassed, and put up a stand on your property. You have every right to take the stand. Consider it a gift. Good luck!

RE: trespasser tree stand
 

I had a problem like that put i left a note saying he had 1 week to get it out or i was taking it. Sad to say it was still there in a week.;)

RE: trespasser tree stand
 

I would take it down, make use of it or throw it away and never look back.

RE: trespasser tree stand
 

Way I see it, there was a trespass and the fool left their stand, in my book it's abandoned and free game.

RE: trespasser tree stand
 

How about checking for any markings/names like Uncle Matt talked about and if none there call the local conservation, let them know you found it on your private property left behind by someone tresspassing and tell them to donate it to a youth hunting group or something. Now you may have solved your problem and did a good thing. Just an idea.
Brandon

RE: trespasser tree stand
 

I talked to a local game warden here about the same subjest last season, he told me that if the property was properly marked, then somebody left me a gift. If they tried to say anything about the stand being on my property, and me taking it, he would personally come by, verify the tree the stand was in, was on my property, then site them for tresspassing.

RE: trespasser tree stand
 

I'd talk with the game warden and see what he says. He might just tell you to keep the stand. If not, hand it over to him and if the guy comes to get his stand, charge him with tresspassing.

RE: trespasser tree stand
 

There was a hunting blind on our property last year. My brother found it on opening day of modern gun. He sat down about 10 yrds infront and facing it. Dude shoewd up and couldnt use it cuz my bro was in the way. he moved it and aint been back since

RE: trespasser tree stand
 

That there is one of the best ideas I think I have heard on here. And for that, bhensley earns a big old.......

THATTA' BOY!

RE: trespasser tree stand
 

Remove the stand from "your property" . turn ot over to the authotities and leave a note as to where he pick it up . Make sure the authorities are told it was put up by a tresspasser .

RE: trespasser tree stand
 

In NC I know you don't have to give it back. You can file trespassing charges, but they would be hard to prove (even with the evidence you have).

As someone said earlier, you should donate it. I'd be happy to have it.
You can check out my site at www.youthoutside.org
But as I said, I know in NC you don't have to give it back. If found on your land, it's yours. You would have to check with your local law enforcement to see what laws they have in your own state.

Thanks,

Keith

RE: trespasser tree stand
 

leave a note and a number for the guy to call.

I felt so supid the other day i went and looked at a plat map to find poperty owners to ask i got permission. and when i got permission . i said i already knew where it was. put up some stands and started hunting well little did i know the plat map was way off and i was hunting the wroughproperty. Some body took my stand but i don't know who it was.

Just be careful and assume the best out of the trespassers

RE: trespasser tree stand
 

I agree, you had every right to take his stand. What has hunting come to when you cant even trust the fact that your land is STRICTLY YOURS. They had no right to be there and knew it. You just won a free tree stand. ;)

RE: trespasser tree stand
 

You did the right thing it has ahppened to me. I took it and i now hunt out of all 5.

RE: trespasser tree stand
 

Why assume the best? I mean they are trespassing confront them ask them to leave. I always assume the worse.

RE: trespasser tree stand
 

Ive compinsated a few stand off our property that were none of ours. Everyone in our area knows everyone and who owns what land. Noone has come looking for their stand but they are here if they want them. 1 more month it will be 6 months since the last one was found, stand can be concidered lost or non existant.

RE: trespasser tree stand
 

I would also contact the Game Warden and give him that stand.

RE: trespasser tree stand
 

In Fla. tresspasing with a weapon( gun ; bow ; knife) all are felonies.the law was changed 3 years ago???

now you will have a record for life if charged with tresspasing.you call the GFC; they tell you to keep it if you want,if not they will take it to impound and sell it later.

the way Fla. reads,if you shoot from a road across property lines ; the bullet is the same as you going across that line.you can be charged.

we had real bad problems with tresspassers and poachers (a tressapasser is a poacher , in my book)
until the state passed that law;;; and we took a few stands to use for our own.
Now we don't have near as many.one ever now and then.

we also put up signs along with posted signs. (" I SEE YOU ; I SHOOT YOU")

RE: trespasser tree stand
 

For all practical purposes it seems you've got yourself a free tree stand. BUT, imo it doesn't belong to you. You have simply taken into your posession somebody elses property and it would be extremely difficult if not impossible for them to get it back. But it's not yours. Because you found it on your property doesn't mean that it automatically belongs to you. If someone has a car accident and their car slides off the road and on to your property does the car automatically now belong to you? Of course not.

Now you asked "Do I have to give it back?". IMO you don't have to. I doubt there's anything the fellow would do to try and make you return it but I do think that would be the right thing to do. Certainly he's guilty of tresspassing but I don't think you are the one to extract the fine. The right thing to do is what some others said. Turn it in to the police and let them handle it.

RE: trespasser tree stand
 

If you had a stand that you did not notice right away then you may not get out to your property that frequently. My point is this.

If someone is local and has put up a stand and you are not local but only visit the land several times per year. Then if you take the stand and make a huge deal out of the matter, the local a##whole can do damage to your property if he is nasty.

We own land like this and are careful.

My thought is to turn it over to the local game warden and leave a note on the tree that you have done so.

RE: trespasser tree stand
 

The fellow may never even come back for it. When i bought my land, there were two stands on it (and another right across the property line on my neighbor) that folks had abandoned. They had been there long enough that the trees were starting to grow around them. You would be amazed at how many abandoned stands like that, even nice expensive ones, that you can find out in the woods like that.

Dunno what the specific law on this in Illinois is, but the custom in my neck of the woods is that if someone puts a stand up on posted land, they just gave a present to the landowner.

RE: trespasser tree stand
 

For us, the Judge made usgive the stand back.Cost thema $250 fine for trespassing though! Trespassing laws in my state are weak and the criminals know it. Better for me to take the law into my ownhands.

RE: trespasser tree stand
 

more ethics...no deer this time...what todo? what to do? Hmmmmmmm

RE: trespasser tree stand
 

I would have put your cell phone number on the "NO TRESSPASSING" sign you put on the tree the stand is in.

If the person wishes to have their stand back, they can have it back after calling you( and after YOU call the DNR). Remember, You are not stealing the stand, you are only temporarily holding the stand that was mis-placed on your property. :)

Negociate a meeting place and time, and have the DNR there waiting with you. :D

I have property in Otsego county new York and I found out that someone was trespassing and they had a $400.00 tree stand in between two of my huts and the trespasser never claimed it is it ok if you take that tree stand if it is on your property and nobody claimed it

He had the absolute right to take down a trespassers tree stand. I don't know what the law is in his state about disposition of a confiscated item from a trespasser, now he needs to continue to do the right thing and protect himself and turn it over the the authorities and also file trespass charges when they find out who it belongs to. There is usually a time period that a person has to claim what would be found property and after that time they lose it. Tell the police if he doesn't claim it, you want it. Put a note on the tree in plastic telling the guy who has the stand and let the decision be his as to claiming it or not. Meeting with the trespasser in person can well lead to trouble and the OP doesn't need that, that is that the authrities are for.

can that tree stand be your property if the trespasser did not claim it yet

you have every right imo to keep that stand if he wants it back then give it back but if the little coward wont come to you and take it like a man then put it to use.

Exactly! :fighting0007:

he left it on your property it's yours to do what you will !!

You mean to say
 

...a trespasser left his big calling card and couldn't carry the stand in and out. Talk about ruining a forbidden hunting site.

Poor trespasser. Maybe carrying a stand, in and out, has gone out of style. Fella probably doesn't value a stolen treestand. Smart fella might have used a stolen stand as a 'Spotter'.
When the stand disappeared, it was time to leave the area.

I'd cut it up and sell it for scrap. If the "owner" came around asking for it all I's say is "What treestand?"

Do the right thing, call the CO and ask him what the "right thing" is. Yes you should be entitled to take it down, the question is what should happen after that, according to the law. You now possess something someone else bought. Laws vary state to state.

I'd call the CO, turn it over to him and move on.

This post is 8 years old, I'm sure the OP figured it out!