worst week for land owners

Don't get me wrong, I love rifle week here. But nothing worse then hunting your own land and having the pumpkin army coming stomping through and wreck your hunt. Usually I spent more time kicking people off private property than hunting. I have people ask and give grant them permission but most just walk on like they own the place. I know it's not everyone but a select few ruin it for everyone else. I was reading an article that you should charge anyone and every one that trespasses and that is the only way people we get the point. What's everyone else take on this?
End of rant
Hope everyone has a great week

If you are really concerned, post your land and charge people with trespassing. This still allows those with permission to hunt, etc.

yeah, its kind of disconcerting. there is a group that hunts right near the city in a bows only zone. drives me nuts cause i know they shoot deer every year.

I think hunters need to respect land owners and public in trails. I would charge anyone who trespassed,they have no respect for you or other hunters.

Every time you let someone get away with it, you are empowering them to do it again and again.

If it is an intentional trespass and they know what they are doing, have them charged.

If at all possible, you want them charged with trespass with a firearm or trespass to hunt under the Fish and Wildlife Conservation Act, as opposed to being charged under the Trespass to Property Act.

It makes it almost impossible to charge anyone. First off by time you call an authority and they put it on there bucket list to come down those "trespassers" will be long gone....2nd its very hard to detain anyone....yes sure you can follow them back to there vehicle ..but still this will never hold up in court. I Know a case where the landowner actually got counter sued for uttering threats at the hunter. Its easy just to say "please dont come back"...dont forget its easy to lay a charge but is it going to hold up in court? Does the landowner really want to spend the money on a lawyer now to charge these guys. ...the answer is prob not, easier said then done coming from a none landowner.


rem

Posting your land will have the best results, it will also provide you with reasonable grounds to lay charges under the trespass to property act without having to acknowledge 'reasonable excuses'. It is posted right there for everyone to see and difficult to deny, this was what I went through when I had the same issue.

Also, according to the hunting regulations the hunters should also be able to provide a signed and dated letter from the land owner to allow permission to hunt, obviously they would not have this.

It the single biggest issue of land ownership IMO.

do you follow them? ...if you do now your techincally trespassing the other persons property.

rem

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Originally Posted by rem1100

we had trespassers who entered on quad bike. How do you charge a person you dont know there name? How do you charge a person who entered your property that backs onto another property...do you follow them? ...if you do now your techincally trespassing the other persons property.

rem

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The landowner will need to assess each situation on its own merits to determine the action that any reasonable person would take in those circumstances. If you have evidence of damage and also a description and direction of travel the local police may be willing and able to help.

Following the rider - I agree with what you are saying here, when following the rider onto their property you are implying you are getting into the area of civilian arrest which can expose you to liability should it not be done correctly. If you look on Google Earth the quad tracks will show up and you will see them radiating out from the quad owner's house, if you do not see them change the date the picture was taken as sometimes it will show better depending on the foliage/ snow etc at that the time of year the pic was taken.

Had guys hunting the property line today, shot and dropped deer on the property we have permission on today, I guess they think as long as they took the shot on the property they have permission from they are good. They do this every year. Getting frustrating. Like a war zone today. One farmer recently decided to give out slips every year with their name and phone number to those who have permission and will change the color of paper every year, this way here we can help with the trespassers with a polite discussion and request to see the paper.

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Originally Posted by Dan1

Had guys hunting the property line today, shot and dropped deer on the property we have permission on today, I guess they think as long as they took the shot on the property they have permission from they are good. They do this every year. Getting frustrating. Like a war zone today. One farmer recently decided to give out slips every year with their name and phone number to those who have permission and will change the color of paper every year, this way here we can help with the trespassers with a polite discussion and request to see the paper.

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At least call and report it to the MNR. It is in fact trespassing.

Or go talk to the landowner of the other land about it.

But they likely do it every year because they are getting away with it.

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Originally Posted by Marker

Posting your land will have the best results, it will also provide you with reasonable grounds to lay charges under the trespass to property act without having to acknowledge 'reasonable excuses'. It is posted right there for everyone to see and difficult to deny, this was what I went through when I had the same issue.

Also, according to the hunting regulations the hunters should also be able to provide a signed and dated letter from the land owner to allow permission to hunt, obviously they would not have this.

It the single biggest issue of land ownership IMO.

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There is no legal requirement to have written permission. Although if there was, it would probably make things better.

Quote:

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Originally Posted by Marker

The landowner will need to assess each situation on its own merits to determine the action that any reasonable person would take in those circumstances. If you have evidence of damage and also a description and direction of travel the local police may be willing and able to help.

Following the rider - I agree with what you are saying here, when following the rider onto their property you are implying you are getting into the area of civilian arrest which can expose you to liability should it not be done correctly. If you look on Google Earth the quad tracks will show up and you will see them radiating out from the quad owner's house, if you do not see them change the date the picture was taken as sometimes it will show better depending on the foliage/ snow etc at that the time of year the pic was taken.

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Your not serious about the google earth thing are you? Cops will not take the time to track anyone these days unless they have robbed a store broke into your house or shot someone a simple trespass is not important to police and will never be!...its one of those things where the land owner has to take dry and will never win.

rem

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Originally Posted by brent

There is no legal requirement to have written permission. Although if there was, it would probably make things better.

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Well I had to look this one up, I had a quick look in my notes and the wording is 'express permission' under the Fish and Wildlife Conservation Act. The rule is written so that a hunting party of more than 12 (which I just learned) requires 'express permission', the MNR hunting regs extends this as a 'written permission' requirement in WMUs 43A, 43B, 44, and 65 (for Moose). There is case law to support the requirement for written permission: 'Court heard that in November 2013, conservation officers responded to a complaint of a hunter trespassing and killing a deer on private property. Upon investigation, it was found that (insert Bad Guy) had killed two deer without the required written permission.'

So, I stand corrected (for most WMUs and single hunters) and now I know I do not need it anymore.

Here is a link to the land owner consent form which will satisfy the 'express permission' requirement, if anyone needs it: http://www.forms.ssb.gov.on.ca/mbs/s...XT_FW4511E.htm

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Originally Posted by rem1100

Your not serious about the google earth thing are you? Cops will not take the time to track anyone these days unless they have robbed a store broke into your house or shot someone a simple trespass is not important to police and will never be!...its one of those things where the land owner has to take dry and will never win.

rem

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I had not intended that to mean that Google earth be used as evidence, those pictures are years old. I had intended to suggest that you as a landowner use this as an option to find out where the quad is coming from and decide what your next course of action be depending on the circumstances of the situation and act reasonably. In this situation I would drive around to the house and knock on the door to speak politely with the resident with the hopes of explaining my problem.

I am not a lawyer and I am only writing my opinions based on experience as a former land owner having faced the same issues. Trespassers can cause a legal liability for the landowner. There is a case in Burlington where a dirt bike rider illegally entered the Burlington clay pits and suffered a broken neck as a result of their own actions. The ruling was in favour of the claimant and the defendant (owners of the Burlington Clay pits formerly Hanson Brick) suffered a pay out of $6mm.