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Thread: No hunting signs on my goose hunting spots.

  1. #21
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    Quote Originally Posted by Bandwagon View Post
    So if land is not posted and vacant you can just help yourself to it? I would recommend securing permission from any private land owner before hunting on it. This happens all to often and is a huge reason why it is becoming increasingly more difficult to get permission on private land in Ontario.
    That is correct Bandwagon. No intention to start "something", and we all know trespassers, littering etc are the source of problems. However I happen to know a few landowners who don't mind, if people enter their land........Im sure there are many more.

    Those who do not want people on their property, indicating so, is very easy. If your property doesn't fall under those that are automatically "prohibited" or assumed to be "prohibited"....Put some red dots or signs up. It not hard to announce to the world.
    visitors not welcome, or "X activity not welcome".

    Personally I would recommend people be familiar with the law. And not suggest those who are within the law, are causing problems. Any landowner who for any reason be it finding too much litter, or was an "anti" who was having problems with people on his/her land, just simply has to post a sign. So "hunters" or birdwatchers, who are legally going onto land where they are permitted to be and go....aren't a problem, nor source of problems with more land owners saying no to hunters.

    Prohibition of entry

    3. (1) Entry on premises may be prohibited by notice to that effect and entry is prohibited without any notice on premises,
    (a) that is a garden, field or other land that is under cultivation, including a lawn, orchard, vineyard and premises on which trees have been planted and have not attained an average height of more than two metres and woodlots on land used primarily for agricultural purposes; or
    (b) that is enclosed in a manner that indicates the occupier’s intention to keep persons off the premises or to keep animals on the premises. R.S.O. 1990, c. T.21, s. 3 (1).

    Implied permission to use approach to door

    (2) There is a presumption that access for lawful purposes to the door of a building on premises by a means apparently provided and used for the purpose of access is not prohibited. R.S.O. 1990, c. T.21, s. 3 (2).
    Limited permission

    4. (1) Where notice is given that one or more particular activities are permitted, all other activities and entry for the purpose are prohibited and any additional notice that entry is prohibited or a particular activity is prohibited on the same premises shall be construed to be for greater certainty only. R.S.O. 1990, c. T.21, s. 4 (1).


    Limited prohibition


    (2) Where entry on premises is not prohibited under section 3 or by notice that one or more particular activities are permitted under subsection (1), and notice is given that a particular activity is prohibited, that activity and entry for the purpose is prohibited and all other activities and entry for the purpose are not prohibited. R.S.O. 1990, c. T.21, s. 4 (2).
    Method of giving notice

    5. (1) A notice under this Act may be given,
    (a) orally or in writing;
    (b) by means of signs posted so that a sign is clearly visible in daylight under normal conditions from the approach to each ordinary point of access to the premises to which it applies; or
    (c) by means of the marking system set out in section 7. R.S.O. 1990, c. T.21, s. 5 (1).
    Last edited by JBen; September 1st, 2016 at 01:17 PM.

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  3. #22
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    So for clarification.
    I currently am part owner of a few thousand acres that I atv on as well as hunt.
    There are trails throughout my land that continue into other large parcels also in the over thousand acre range.
    I have always turned around when I thought I had reached the end of my land but what some are claiming here is that if it is not posted... Which it isn't and is not a farm, just bush and swamp then I am free to continue on my way ?
    Also not trying to start something. Just curious.


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  4. #23
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    Want to clarify something first, because I probably didn't word it well. Its always worth talking to the land owner, if for no other reason than finding out how heavily or not the land is used. I don't hunt any of the property I know of, because I know lots of others do as well, and really the land isn't large enough. Aka I could shoot something, and it pile up on private property that is posted.

    It's more who are causing problems for us, and landowners getting "fed up". Land owners that I've talked to, have almost all universally said they are tired of the litter and vandals.........not the people be they hikers, bird watchers or hunters they are well aware are using the land and "have permission".

    From the sounds of it, yes straggle lake. If the land isn't posted (any indication whats "prohibited" or what is ok) and it isn't what you would reasonably deem to any of the properties identified in section 3.1, you can enter it. If the land owner didn't want people going there Im sure there'd be at least red dots where existing trails enter the property.

    Theres always the chance vandals rip them down ( "Your honour, I didn't see any signs), but you can usually find indications of signs having been hung or red spray paint...so again if possible ask the land owner, but really ask yourself. If after 5, 20 years of people using those trails...If the landowner had problems with it...surely by now......

  5. #24
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    That was always my thought as well, if the land owner didn't want anyone on it why not post the trail.
    I always just stayed off because I was taught to be very respectful of trespassing. I'll probably steer clear for now to be safe but still good to know.


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  6. #25
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    Even though the law as provided above is quite clear, my thought is that common courtesy would mean asking the landowner for permission, and it may prevent a landowner approaching you after you have entered and telling you to leave (which you would be obligated to do) and ruining your hunt. I don't like signs on my property and do appreciate the courtesy of a hunter coming to my door and asking permission. I wish the law would change putting the onus on the hunter to get permission.

  7. #26
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    Quote Originally Posted by javl View Post
    These island are really small . One would not fit my truck parked on it. I saw others hunting off them and honestly didn`t think any one would own them. Bad on my part I know. We have been hunting there for 15 years. Strictly waterfowl hunting. We hunt about 4 times during the season. It`s in the Kawartha lakes and part of the Trent water way.


    Canal Lake?
    When in doubt.... Throttle OUT!

  8. #27
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    IF I knew what lake you were talking about I could probably help you out. Pm me if you want.

    S.

  9. #28
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    Quote Originally Posted by javl View Post
    Now now. Let`s all play nice. This is a very small lake . No native land claims around here this I know for sure. I have a feeling its an anti who moved in. Not sure if the islands belong to them. My wife works for a realestate head office and has someone from the area looking in to it. If it is bogus gona contact MNR and I hope they lay charges but I think I have a better chance of seeing a fart.
    There's fines for people posting land they don't own or manage. Do you use a portable blind? If not,it wouldn't hurt to build one. It takes the "private property" situation right out of the equation if you're interested in that approach.

  10. #29
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    Quote Originally Posted by trimmer21 View Post
    There's fines for people posting land they don't own or manage. Do you use a portable blind? If not,it wouldn't hurt to build one. It takes the "private property" situation right out of the equation if you're interested in that approach.
    Can you explain this comment a little further or are you referring to a floating boat type of blind?
    A portable blind (ie: pop-up) on private property shouldn't make a difference as to the trespass act.




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  11. #30
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    Sure! By "portable" I mean boat blinds. I've used them for decades and they sure take the BS factor away from permanent duck blinds as to who owns what and who can hunt there and when. All I need to do is keep an eye out for who is set up and where and just don't crowd anyone. A good time is had by all.

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