If the deer was shot by a trespasser and the MNR gets involved, no one is going to get that deer, not the hunter and not the landowner because the deer was taken illegally and one cannot possess an illegally taken animal.
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If the deer was shot by a trespasser and the MNR gets involved, no one is going to get that deer, not the hunter and not the landowner because the deer was taken illegally and one cannot possess an illegally taken animal.
Quote:
Originally Posted by sawbill
That makes perfect sense and I am glad you gave this sound advice,could the landowner deny permission to a CO who wanted to retrieve/size a deer on private land where it was shot by another hunter on adjoining land?
I don't know, but I doubt it. You can't obstruct an officer from carrying out his or her lawful duty.Quote:
Originally Posted by Gilroy
The Trespass to Property Act does not apply to law enforcement officers, land surveyors, etc. in the course of their duties, so you can't deny them access. Most of the CO's I know wouldn't retrieve your deer for you, though. Each officer will have their own approach to these situations.Quote:
Originally Posted by Gilroy
I have access to a couple of properties with anti-hunting neighbours. On one, the neighbour has told me that if I respectfully ask before entering their property to retrieve a dead deer, permission will likely be granted. Another landowner is a strict no, so I stay away from the property line. I'd hate to shoot a deer and know it is going to rot in the swamp.
Yeh it look like section 94 of the Fish and Wildlife Conservation Act gives then authority.Be interesting to know if they always try to retrieve a downed deer or just leave it sit in the bush.Quote:
Originally Posted by Cintax
Just for the sake of discussion I would say no the land owner can not deny permission to a CO. My reasoning is based on the ownership of the deer. Since an animal killed legally becomes the property of the hunter the landowner would have no claim on the animal even though it may be on his property. Although the land owner may deny access to the hunter to retrieve his property they can not deny the hunter his property ie said animal. Now if an LEO is called to retrieve your property I believe the landowner is obligated to grant access for the removal of property that is not theirs.Quote:
Originally Posted by Gilroy
Honestly I would not a hunt in any property where there is a possibility of my not retrieving a downed deer. In the big woods where you know your neighbors and get along pretty good generally its not a problem.When you are hunting the smaller parcels the risks go up accordingly,more neighbours,different attitudes, more fence lines,higher property values...Quote:
Originally Posted by benjhind
LOL here we go again, OK I agree with you that the landowner cannot dent entry to the CO as I have just posted the relevant section of the Act. I also agree they have no claim to the deer just because its on their land.Quote:
Originally Posted by finsfurfeathers
However I disagree with you about the deer being the property of the hunter.IMHO it only becomes the property of the hunter after its legally tagged and no laws were broken to retrieve it.You cannot tag that animal until such times as your legally on the property.
Entry on private land
94. A conservation officer acting under this Act may enter private land and may authorize any other person acting under his or her direction to enter private land, with or without the officer, for the purpose of assisting the officer. 1997, c. 41, s. 94.
So I suppose reading this section a CO could authorize you to enter the private land and you and him retrieve the deer, but "benjhind" just posted most CO,s will not do this for you its entirely up to their discretion. I don,t know the policies of the District Offices but I tend to agree with benjhind they might not want to do much for you.
Perhaps one of our retired CO,s will give us some more advice.
I'm glad you have that ability. In my area, a typical 100 acre farm is 440 x 1100 yards, which means the farthest you can possibly be from a property line is 220 yards. I've seen deer run 400 yards on a clean double-lung broadside shot with a muzzleloader. Sometimes things don't go to plan and I've been lucky enough to retrieve deer a mile from where they were shot. It isn't always possible to guarantee that a deer will drop on land you have access to in my area. I give the "no-go" property a healthy 300 yard setback, which I feel is sufficient for due dilligence. Unless you have permission on every acre within a mile, I doubt many hunters in the southwest can guarantee the ability to retrieve a deer.Quote:
Originally Posted by Gilroy
So the question is who's property is the deer. As the hunter is mandated to put their tag on the deer they have shot legally I believe the deer is assumed to belong to the hunter. In any case there is a provision as you stated that provides a means of access and I would defer to that as opposed to "benjhind" that says they won't. It says they can if push comes to shove the CO would have to say why they didn't.Quote:
Originally Posted by Gilroy
Guess it a comes down to preparation. If the possibility may arise that you might be in this position contacting your local CO discuss your situation and proceed accordingly. Hunting is all about preparation and this should be something thought of before it happens.