Permission for Deer Retrieval

[Greenhorn]

Boys,some of you are a piece of work. Hunters are loosing places to hunt not because of anti hunters but because of trespassers and theives.know I lost a lot of equipment on MY PRIVATE PROPERTY.
I was the nicest person you could ever meet. I taught hunters to call deer with their voice,gave hunters a place to hunt,tracked deer for strangers. Built a two acre pond for geese and invited lots of so called hunters to hunt. Planted 36,000 trees,spend 4 grand on clovers and alfalfa . Took guys out to hunt Turkey. How did they repay me when I got sick and unable to hunt much?? By hunting my stands, pushing the 50 acre scantruary so they could kill a deer than brag what a good Hunter they were. The straw that broke the camels back when they shot a deer in the scantruary . I have no respect for trespassers and they loose all credibility when they amit to it. I am a product of my time and you so called hunters will be the demise of hunting for all.

[Gilroy]

So you save your money to buy land to hunt on - great - yes you can press charges on someone who comes on your land to retrieve a wounded deer without asking -you have every right to do that - but let me ask you - what harm is done anyway - and how many times would something like that happen - can't you just be a nice guy and let the guy get the deer - what's he gonna do - leave some foot prints on your precious land - remember there are a lot a guys who gave their lives so you can have the right to own property - or got all crippled up defending you - they didn't ask anything in return - and you can't even bend a little - gotta get the guy arrested - boy I'm glad that I don't live next to you -

There is no harm done in allowing a hunter onto your property BUT how about unforseen circumstances.Right now I have a friend who is being sued by a trespassing City lawyer for a spill the trespasser took on a ATV.My friend refused to settle with the trespasser even although his lawyer advised it would be cheaper,on principal he refused to give a red cent to a trespasser.

So there is one example of a problem.Unfortunately for you JOE you come from a generation of STAND UP GUYS,who when they gave you a handshake it actually meant something.Today that is no longer the case.

Its actually easier and far safer for a landowner to refuse the entry.

[Gilroy]

About a month ago one of our local enforcement boys came and gave a talk to our club. This topic came up.
He explained that you DO need permission to retrieve, but if it is refused you should call his 800 number ASAP. He or one of his partners will attend and if the landowner does not want the animal, they will retrieve it. If the landowner does want the animal then he can get a possession permit, the same as a roadkill. The landowner will not be allowed to waste the animal.
At present there are notices in both local papers and on at least two local radio stations about two people who retrieved a deer from private property in the Coe Hill area. CrimeStoppers is also involved in the search.
The CO also pointed out that under the trespass laws, the landowner does NOT have liability unless they have set traps for trespassers.
I have told my neighbours that if they have a wounded animal they should not worry about our property line. One of them has had his lawyer send me a letter outlining what will happen if I set foot on his land....

I think the CO and you should read over the occupiers liability act.

I dont think there is any reasonable expectation of any CO or his partner to attend on private property and retrieve a deer.I would like to know what authority/statute they will be acting under?

[gooseman]

So you save your money to buy land to hunt on - great - yes you can press charges on someone who comes on your land to retrieve a wounded deer without asking -you have every right to do that - but let me ask you - what harm is done anyway - and how many times would something like that happen - can't you just be a nice guy and let the guy get the deer - what's he gonna do - leave some foot prints on your precious land - remember there are a lot a guys who gave their lives so you can have the right to own property - or got all crippled up defending you - they didn't ask anything in return - and you can't even bend a little - gotta get the guy arrested - boy I'm glad that I don't live next to you -

By by the sounds of it I am also glad your not my neighbour. 2 yrs back I was cutting wood and I heard a 22 shot from the far end of my property. 15 mins later my daughter calls me on the cell there is a couple guys wanting to go rabbit hunting. I told her to tell them I am back cutting wood but if they wanted to come back later then no problem. Driving the tractor back I see a set of deer tracks that crossed the trail with a bit of blood. I walked the tracks and low and behold I come across 2 sets of human tracks that came in from the back side of my bush and followed the deer tracks for abit. Guess what same boot prints as the guys asking to rabbit hunt. Oh and deer season was done and as far as I know the deer made it as I checked its trail the next day and found where it beded and left after. And about bending a little my response is can't they ask for permission a little it's not hard to do. And good ploy to thro the good old war vets into the mix. They did lay their lives on the line and many gave thier life's and I am very grateful for that but seriously what does this have to do with trespassing? I have never denied a neighbour from hunting my land and probly never will unless I am hunting at the time, but they all know to give me a call first my phone is always on my side.

[JoePa]

I thought we were only talking about a neighbor needing to go on an adjacent property to get a wounded deer - we kinda got off the track a little - I think - no one is advocating that you let ATVs or strangers hunting on your land or any of the other things that were brought up - I have some property that I use for hunting - I would have no problem if some guy followed a wounded deer unto my property without asking me - I would have a problem if some guy ran through it on a ATV or parked himself somewhere on it to hunt

What does a vet have to do with trespassing - heck maybe the trespasser following a wounded deer on to your property is a old vet who fought in WWII and was wounded in the Battle of the Bulge -

[chris lavoie]

I believe if a hunter sets up his treestand knowing there is a possibility it will go on neighbors land, NO PERMISSION TO RETREIVE!!! I have to deal with this issue on my deeded land all the time.

[trimmer21]

There is no harm done in allowing a hunter onto your property BUT how about unforseen circumstances.Right now I have a friend who is being sued by a trespassing City lawyer for a spill the trespasser took on a ATV.My friend refused to settle with the trespasser even although his lawyer advised it would be cheaper,on principal he refused to give a red cent to a trespasser.

So there is one example of a problem.Unfortunately for you JOE you come from a generation of STAND UP GUYS,who when they gave you a handshake it actually meant something.Today that is no longer the case.

Its actually easier and far safer for a landowner to refuse the entry.

Your friend will be OK,Gilroy. There's no way a trespasser can recover damages unless the landowner was negligent in not protecting a hazard like an open pit or protruding well head or some such. Lawyers are always advising clients to settle because they get paid immediately. I'm with your friend. I wouldn't give him a nickel,either.

[Deerslayer99]

The landowner can NOT be charged with "allowing game meat to spoil" because they didn't shoot it. If anything,we can be charged with littering and all costs for dead animal removal can be charged back to us. There's no way we can access anyone's private property without their express permission,so,it's our responsibility to ensure we have prior permission to enter neighboring property and if we don't,to make a quick,clean kill to ensure game doesn't get that far or don't take the shot. Trespassing will be the great undoing of hunting if we all don't have it crystal clear in our minds that everything we've ever heard that a hunting license gives us "carte blanche" to ignore private property and the CO's can force landowners to allow for retrieval is flat out BS.

Your quite wrong......if a property owner denies you permission to retrieve your game from his land.....it is now the owners responsibility to make every effort to retrieve and process the game before it spoils or YES they can and will be charged.....this I know first hand from an incident involving myself 1 year ago....

[werner.reiche]

Your quite wrong......if a property owner denies you permission to retrieve your game from his land.....it is now the owners responsibility to make every effort to retrieve and process the game before it spoils or YES they can and will be charged.....this I know first hand from an incident involving myself 1 year ago....

My understanding is the same as trimmer's. How does the CO determine that there actually is a dead deer that is spoiling? Neither he nor the hunter as access to the property to verify that - unless it dropped within sight of the hunter. Also if the landowner does not know where the deer is - how can he be charged for not retrieving it.

How did this all play out in your incident - from what I see happening in a normal situation of this type, I can't see charges being layed and if so absolutely no prospect of a conviction.

A landowner is in no way responsible for the actions of a hunter on an adjacent property. No way, not ever - your logic seems to make him responsible for the hunters action if he refuses entry.

This would reverse the way the trespass law works. It would essentially allow any trespassing for the purpose of retrieving game *unless* the landowner had a) the time, b) the capability (including hunting license and tag if the game was still alive) and c) the inclination to follow up on tracking, dispatching and retrieving the game.

Ontario's property laws aren't very good...but they are not that bad.

[trimmer21]

Your quite wrong......if a property owner denies you permission to retrieve your game from his land.....it is now the owners responsibility to make every effort to retrieve and process the game before it spoils or YES they can and will be charged.....this I know first hand from an incident involving myself 1 year ago....

I hate to tell you,deerslayer99,but,if you were the landowner,somebody just sold you some Arizona swampland.