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-   -   Can I hunt on this land??? (https://www.huntingnet.com/forum/whitetail-deer-hunting/321476-can-i-hunt-land.html)

burlyman 04-12-2010 01:42 PM

Can I hunt on this land???
 
Unfortunately I have lost a lot of hunting land due to development of my area (the area I used to hunt has been leveled and houses are being built) I was driving on a back road and noticed a large patch of woods on the outside of town. I stopped to ask the one homeowner near the property about the woods and he stated he does not know who owns it? I pulled over to take a quick scout of the woods and saw absolutely no posted signs. I then stopped into the town hall to check the property records. They have one name of the property owner but no other info such as contact info, date of purchase, etc. Is this land ok to hunt or should I find new land? Keep in mind I live in a "suburban" area and hunting land is VERY rare to find. Thanks.

SuperRedHawk 04-12-2010 01:57 PM

What state are you in? In most states, just because it is'nt posted, does'nt make it public property.
Over here, you would still be trespassing and/or poaching.

halfbakedi420 04-12-2010 02:00 PM

ya need ta do some research on the land, if someone is payin the taxes it should be easy to acquire from the tax office, they have ta mail the bill some where.. maybe no one has paid the taxes on it in a long time, put a bid in on it.

as far as huntin it before that, hope you have full body armor...here, we shoot 1st and dont ask any questions.

Valentine 04-12-2010 02:45 PM

My Spent Youth
 
One has to check the county deed recording offices and tax offices, for deeds, maps and tax records.

Illiteracy doesn't help when trespassing on someone's property.

It's gotten real fancy. Many of the counties have tie-ins with the internet, so you can check from home and not always spend time on a forum.

Which reminds me. I have a land locked piece of property to check out shortly.

Jackson Bowner 04-12-2010 03:10 PM

If you don't own it, or don't have permission to be on a property, it is a trespass no if's, an's, but's about it. (Exception being some parts of Canada and maybe a few states where if it's not posted you can hunt it). Course in my state, you can do it and be caught several times with the most a slap on the wrist and a $25 dollar fine. Which is cheap to these douche bags who might have to pay $500/day for a guided hunt in some states or provinces. But that's another story. I agree with halfbaked. Just shoot 'em and ask questions later. Does that indirectly answer whether it is ok the break the law?? Just my humble opinion. :>)

nchawkeye 04-12-2010 04:54 PM

Well...How about if I come into your house, eat your food and watch TV without your permission...Is that OK???

If you don't own it or have a signed lease, stay off of it...

timbercruiser 04-13-2010 04:09 AM

IMHO written permission is needed, just check the tax office as mentioned above. Part of the land I own doesn't have no hunting/tresspassing signs all over the place, but if I catch somebody illegally hunting there I will be calling the game warden.

Chrisa 04-13-2010 04:36 AM

do not hunt it because without any proper permission you wil be in jail... dont take the chance.

halfbakedi420 04-13-2010 04:52 AM


Originally Posted by Jackson Bowner (Post 3611721)
I agree with halfbaked. Just shoot 'em and ask questions later. . :>)


i think ya mighta mis-read...we dont ask any questions lol

Lanse couche couche 04-13-2010 08:01 AM

Its a wonder that the hospitals, morgues and coroners can handle all those bodies pouring in, given the number of folks who claim to shoot tresspassers on sight:rock:

Very good idea to actually track landowner down and get permission. But also keep in mind that if it was easy for you to find, then it is probably already being hunted. So, you need to get permission and check things out so that you dont end up hanging your stand 50 feet from somebody who has been hunting it for 30 years.

thatmichhunter 04-13-2010 08:16 AM

[QUOTE=Lanse couche couche;3612015]Its a wonder that the hospitals, morgues and coroners can handle all those bodies pouring in, given the number of folks who claim to shoot tresspassers on sight:rock:

thats why god invented shovels, backhoes, and deep ass swamps

Lanse couche couche 04-13-2010 08:41 AM

Yeah, that's why you have all these pictures of missing people on milk cartoons with the caption reading "last seen crossing a fence onto posted ground." :rolleye0011:

toyota4x4 04-13-2010 09:39 AM

Here in GA where I live the funny thing is if property is not posted youll rarely see much outside traffic. But as soon as you hammer on those posted signs ppl come in and try and hunt. Now why is that? Maybe theres not that many new tresspassers its just that after you post your land your more vigilant to outsiders? Either way I dont post our land, you still gotta have written permission anyway.

Lanse couche couche 04-13-2010 10:13 AM

Probably because if it is posted, folks think that there must be stuff of value there to protect and they want to get in there and take a look.

Its like the people who try to give away an old couch by putting it in the yard with a "free" sign on it. Nobody touches it. But just hang a "for sale" sign on it and folks will come sneaking up in the middle of the nite looking to steal it.

hubby11 04-13-2010 11:50 AM

Short answer is different states have different rules regarding private land that is not posted. Here in VA, you need verbal permission. In Maine, apparently you can trespass and hunt private land that is not posted.

Know the law in your state. Do a Google search for "GIS [your county] maps" and you might find a site that will help you locate/contact the owner.

GED 04-16-2010 07:57 AM

I second the "GIS maps" advice. If availible, it can provide a lot of valuable information.

In MA, the game belongs to the "people", not the landowner. This allows hunters/trappers to enter private land that isn't posted with owners name to hunt, if set back regulations are followed.

If a landowner doesn't wish to allow public hunting on their land, the need to post it with sign including their name.

There is verbage that protects landowners from hunters/trappers that become injured or killed.

Some cities and town have by-laws that require landowner permission.

I have woild have no problem with someone hunting within the rules, even on the land of another.

Jimmy S 04-16-2010 09:16 AM


Originally Posted by hubby11 (Post 3612113)
Short answer is different states have different rules regarding private land that is not posted. Here in VA, you need verbal permission. In Maine, apparently you can trespass and hunt private land that is not posted.

In NH like Maine, if property is not posted you can legally hunt it.
It has nothing to do with trespassing, which is a crime.

From the NH Fish and Game website.
Common law in New Hampshire gives the public the right of access to land that's not posted. You won't find that in state law books, because it is common law, going back to the philosophy of New England's early colonists and supported over the centuries by case law. Our forefathers knew the importance of balancing the need for landowners' rights with that of the public good. On one hand, the landowner can make decisions about his or her land. On the other hand, the public should have limited rights to use and enjoy that land. The colonists held similar democratic notions about rivers, lakes, fish and wildlife.

Today, it's easy to take this notion for granted. In New Hampshire and elsewhere in New England, we enjoy a long, proud tradition of public use of private land.
This tradition also comes with a risk. A landowner who finds trash, disrespect or other problems can easily decide to post his or her land.

Lanse couche couche 04-16-2010 09:39 AM

I think that general philosophy can be found elsewhere, at least until fairly recently. When i was growing up in southeastern Illinois, there was an unspoken rule that if you did not want other people on your land you would post it. Otherwise, the implication was that you did not care if others wandered on it in the course of hunting game, fishing, or hunting mushrooms. That changed since many people started buying land specifically to hunt on, lease, outfit, etc. and so now have a vested interest to protect.

J Pike 04-16-2010 09:53 AM


Originally Posted by Jimmy S (Post 3613558)
In NH like Maine, if property is not posted you can legally hunt it.
It has nothing to do with trespassing, which is a crime.

From the NH Fish and Game website.
Common law in New Hampshire gives the public the right of access to land that's not posted. You won't find that in state law books, because it is common law, going back to the philosophy of New England's early colonists and supported over the centuries by case law. Our forefathers knew the importance of balancing the need for landowners' rights with that of the public good. On one hand, the landowner can make decisions about his or her land. On the other hand, the public should have limited rights to use and enjoy that land. The colonists held similar democratic notions about rivers, lakes, fish and wildlife.

Today, it's easy to take this notion for granted. In New Hampshire and elsewhere in New England, we enjoy a long, proud tradition of public use of private land.
This tradition also comes with a risk. A landowner who finds trash, disrespect or other problems can easily decide to post his or her land.

Its a good thing then that my forefathers came up with a little thing called the Bill of Rights!! Which includes The Right of Quiet Enjoyment. I also think that your forefathers intentions were to ensure that people had access to things like water etc. and not for recreational hunting.

Being born & rasied in York PA. which was the First Capital of the United States of America, Im glad that here in the commonwealth of PA. (which we have a rich tradition aswell) only recognize forefathers who were or became citizens of the United States of America and not your forefathers who were loyal subjects to the crown of England.
And here in PA. posted or not, its called trespassing. Pike

Jimmy S 04-16-2010 01:20 PM


Originally Posted by J Pike (Post 3613583)
....And here in PA. posted or not, its called trespassing. Pike

I am glad I don't live in PA!
In NH we have the right to hunt unposted land. It is never considered tresspassing. Any land owner certainly has the right to post their land. All hunters with any sense of decency, including myself and my family and friends, respect that right. It is simply a long time tradition that most/all New England states share.

NH also has severe criminal trespassing laws during hunting season. The NH Fish and Game will always be involved if you violate any landowner that posts his or her land during hunting season. We understand what it means when hunting peoperty is unposted and we also understand the respect that should be give to posted land as well as the consequences if you violate landowners rights.

BigBuck95 04-16-2010 05:21 PM

Don't go on it if you don't have permission from the owner and you know that it is not state/national land. Even if it is unposted it's still technically trespassing, am i right?

J Pike 04-16-2010 06:51 PM


Originally Posted by Jimmy S (Post 3613683)
I am glad I don't live in PA!
In NH we have the right to hunt unposted land. It is never considered tresspassing. Any land owner certainly has the right to post their land. All hunters with any sense of decency, including myself and my family and friends, respect that right. It is simply a long time tradition that most/all New England states share.

NH also has severe criminal trespassing laws during hunting season. The NH Fish and Game will always be involved if you violate any landowner that posts his or her land during hunting season. We understand what it means when hunting peoperty is unposted and we also understand the respect that should be give to posted land as well as the consequences if you violate landowners rights.

Jimmy what you have to understand is that not to many years ago PA. had over 1.8 million hunters (we still have about 1 million) which is far more than every state in New England combined. Over the years I have spent many days hunting the White Mountain National Forest and never ran into another hunter, if that public land was located in PA. it would be hard to find a place to park. The problem I see with the law in NH. is that trespassers for some reason love to tear down posted signs, In PA. it wouldnt make a difference, but in NH. a land owner wouldnt be able to prosecute them.
And you have plenty of hunters willing to trespass in NH., I know that for a fact. Pike

Jimmy S 04-16-2010 07:45 PM

Pike - I am not comparing PA vs NH and the right to hunt unposted land, I was simply explaining how the law works up here. It is different in PA and most other states and each state has that right to regulate accordingly.

hubby11 04-18-2010 06:56 PM


Originally Posted by Jimmy S (Post 3613558)
In NH like Maine, if property is not posted you can legally hunt it.
It has nothing to do with trespassing, which is a crime.

I agree bad choice of wording on my part since "trespass" involves an element of unlawfulness. Should have simply said "enter/cross over private land."

My bad.:D

halfbakedi420 04-19-2010 01:28 PM

is there a law about accidentally killing the land owner of un-posted property....what if some clown shot at a deer, but misses and the bullet goes through some foliage and into somebody's livin room and kills the 5 month old...is there an "ooooppps...my bad" and its all gravy? slap on the hand.



Originally Posted by GED (Post 3613509)
I second the "GIS maps" advice. If availible, it can provide a lot of valuable information.

In MA, the game belongs to the "people", not the landowner. This allows hunters/trappers to enter private land that isn't posted with owners name to hunt, if set back regulations are followed.

If a landowner doesn't wish to allow public hunting on their land, the need to post it with sign including their name.

There is verbage that protects landowners from hunters/trappers that become injured or killed.

Some cities and town have by-laws that require landowner permission.

I have woild have no problem with someone hunting within the rules, even on the land of another.



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