Anyone managed to have trespassers charged?

JoePa, If you're referring to Cristoval Colon aka Christopher Columbus as the knowledgeable explorer who thought he had landed somewhere in Asia, it is well documented that people living on our earth knew it was round somewhere around the 2nd century BC. He just didn't think it was a big as it was.

The days are shorter and everyone is showing signs of cabin fever already. It's only November. lol

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Originally Posted by Gilroy

I always love a story with details missing and the readers get to fill in the gaps.You said the property was signed 'No Trespassing' but you did not mention if the "back end" of the property was posted.

This leads me to assume it was not and the trespassers were adjoining property owners who simply strayed over their property lines.

Therefore the MNR and OPP could not lay any charges.

You would have no claim to the deer in this event and also no claim to the deer even if they were trespassing.

Once the deer had been tagged as I have to assume it was it would belong to the group who shot it.

Now you don,t tell us if the deer was seized so again I assume it was not.

Kinda hard to figure out what your complaint is given the lack of details.

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In response to the posting....did I not say that the property was posted........The guys in question were not people from next door the deer was not siezed...we like you city folk to come out and run all over without permisson....As they tried to tell us a name that was on the next road over that owned the property...It happens all the time...They have told us names of guys that have been dead for years..We usually know our neighbours ...we stick together

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now he can be a dick and get all upset and may even call the cops - if he does that he's got one angry hunter who he will have to deal with in the future - if he tells me that he doesn't want anyone hunting on his property but will let me get the deer I would tell him that I appreciate it - may even offer him some meat - for someone to refuse a hunter to get a wounded deer on their property is a real - what is the harm anyway - why can't people be nice to each other rather than making things hard - when neighbors don't get along it is not a good situation because things can happen where they need help from each other - neighbors living next to each other and not getting along could be very stressful and unpleasant -

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Here's some of the problem Joe. A lot of "slob" hunters don't get a rats petute about laws let alone trespass laws and a lot of landowners are getting tired of the lack of respect shown for their property rights. Unfortunately some of them end up painting all hunters with the same brush. Most would like the courtesy of someone asking permission to go on their land. Some want nothing to do with hunters on their land. For someone to blatantly trespass, knowing they are on private land and not wanted there, is out and out illegal and poaching in my opinion. If me as a landowner, telling a hunter to get off and stay off and not get the deer he shot pees him of and now he's a mad hunter to deal with, then all the more reason for the hunter to stay away from me. He now has one peed off landowner to deal with which will involve the LEO's in the future.

My position is that all hunters should have written permission to hunt on private property similar to that required on Manitoulin Island. Would make the issue cut and dry from a trespass perspective.

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Originally Posted by redd foxx

My position is that all hunters should have written permission to hunt on private property similar to that required on Manitoulin Island. Would make the issue cut and dry from a trespass perspective.

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There's something to be said for that, but I think in many areas, it would simply make it harder to get permission.

The astute landowner realizes that permission given in writing can only be revoked in writing ... putting it in writing can buy a whole new level of hassles for the landowner.

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On the Island its normal for landowners to give the permission slips for one year only so its not that unreasonable to bring the system in. All the landowner has to do is refuse to sign the following season.

But he can't easily revoke your permission this season when he finds out he doesn't like you....

The closer you are to big population centers, the more reluctant people will be to give written permissions ... and the greater your trespassing problems, too.

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Originally Posted by finsfurfeathers

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.

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.

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First off, a hunting license does not trump property rights. A CO may investigate to see if the land owner tagged the deer. That is illegal,but a phone call to MNR and the land owner will receive a tag in the mail and will get a reference number for a CO. Lost and found a deer.

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Originally Posted by Greenhorn

First off, a hunting license does not trump property rights. A CO may investigate to see if the land owner tagged the deer. That is illegal,but a phone call to MNR and the land owner will receive a tag in the mail and will get a reference number for a CO. Lost and found a deer.

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True but property rights don't trump possession rights. I think of it this way. If my kid kicks his ball over the neighbours fence. He can't climb over the fence to retrieve his ball unless the neighbour says its okay to enter the property. However if the neighbour refuses access they can't keep the ball right. Either they turn it over to the proper authorities or if the LEO shows up they have to turn over said property. Its not a lost deer unless there is no claim made. However if a hunter lays claim the landowner cannot keep the deer.

I own hunting property and I have it posted - I live permanently on one end of the land - my land is part woods and part field where my house is - I would not like it if some hunter parted his butt on my land and hunted - if I saw such a guy I would tell him that the land is private and he is not allowed to hunt there - mainly because I and my kids hunt there - if some hunter shot a deer in an adjacent property and it ran onto my land I would have no problems with him coming on my land to retrieve it - permission or not - it is just common curiosity -

To all of you so-called non- law breakers - everyone on this forum has broken laws at one time or another - some almost every day when they drive over the posted speed limit - others when they throw a gum wrapper out of their car window - keep a fish out of the slot size - smoke a joint - etc. - so please give me a break and don't preach to me about going on someone's land to get a wounded or dead deer -