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August 31st, 2015, 02:08 PM
#11

Originally Posted by
mojo stick
I have contacted the mnr and police over this matter and they stated if you enter land without knowing whether it is private or not you can be charged with trespassing , land does not have to be marked, it helps but it is up to the person entering the land to know there surroundings .
They did say however marking the land does help if someone were to get hurt on the property , this way you cover your own butt . I just was amazed , the land this outfitter was trying to enter was a set of popplers that butts up to a corn field and it is fenced in all the way around , I know the exact property , the outfitter even had a guy Drop him and the clients off so there was no vehicles at the road .
I just wanted to clarify and cover all basis before calling him in this up and coming fall .
Here is thelink to the law I quoted above.
I don't know the piece of land you are talking about, but from your initial post the outfitter is right, not you, not the police and not the mnr.
http://www.ontario.ca/laws/statute/90t21
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August 31st, 2015 02:08 PM
# ADS
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August 31st, 2015, 02:23 PM
#12

Originally Posted by
3Wheelerdude
Here is thelink to the law I quoted above.
I don't know the piece of land you are talking about, but from your initial post the outfitter is right, not you, not the police and not the mnr.
http://www.ontario.ca/laws/statute/90t21
What if the land is not being improved, farmed etc but is for sale?
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August 31st, 2015, 02:30 PM
#13

Originally Posted by
Fox
This is what I have read too, if you cross a fence or the land is developed then it is trespassing or it needs to be signed off, either dots (red dots are no trespassing, orange dots are no hunting) or signs.
That being said, if you are kicked off it once and you are shown the property lines then you can be charged if you are back on the property.
Actually, orange dots do not mean "no hunting". It just means entry is restricted to certain activities.
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August 31st, 2015, 02:40 PM
#14
Ok well let me clarify the setup of this property and see what you folks think , house is tucked back in off the road about 300 ft , long driveway that runs along the popplers out to the road , the popplers are about 500 yards wide by about 2000 deep . And on the opposite side is a field. Only access is from the road and you have to climb a fence or park in owners driveway and walk in . It is clearly maintained , and the reason I ask is because my farm is the exact same setup , popplers planted so I have less grass to cut. And the wife doesn't like looking at tacky no tresspassing signs on the nice popplers trees . So if someone comes and parks in front of my land and walks in they have that right ? Doesn't seem right to me , private land is private land. Whether posted or not
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August 31st, 2015, 02:45 PM
#15

Originally Posted by
mojo stick
Ok well let me clarify the setup of this property and see what you folks think , house is tucked back in off the road about 300 ft , long driveway that runs along the popplers out to the road , the popplers are about 500 yards wide by about 2000 deep . And on the opposite side is a field. Only access is from the road and you have to climb a fence or park in owners driveway and walk in . It is clearly maintained , and the reason I ask is because my farm is the exact same setup , popplers planted so I have less grass to cut. And the wife doesn't like looking at tacky no tresspassing signs on the nice popplers trees . So if someone comes and parks in front of my land and walks in they have that right ? Doesn't seem right to me , private land is private land. Whether posted or not
"Doesn't seem right to me , private land is private land. Whether posted or not"
That's not what the law says. One of the previous posts quoted verbatim the trespass act. That's what the law says.
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August 31st, 2015, 02:58 PM
#16

Originally Posted by
mojo stick
...you have to climb a fence or park in owners driveway ...
should be clear enough...
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August 31st, 2015, 03:37 PM
#17

Originally Posted by
mojo stick
Ok well let me clarify the setup of this property and see what you folks think , house is tucked back in off the road about 300 ft , long driveway that runs along the popplers out to the road , the popplers are about 500 yards wide by about 2000 deep . And on the opposite side is a field. Only access is from the road and you have to climb a fence or park in owners driveway and walk in . It is clearly maintained , and the reason I ask is because my farm is the exact same setup , popplers planted so I have less grass to cut. And the wife doesn't like looking at tacky no tresspassing signs on the nice popplers trees . So if someone comes and parks in front of my land and walks in they have that right ? Doesn't seem right to me , private land is private land. Whether posted or not
people are notorious for interpreting the laws to suit their own needs. My suggestion post your land you actually won't be looking a tacky no trespassing signs just the back of them and you will make it clear its private. Otherwise be prepared to constantly educate those that might of conveniently missed the fact that its private.
Time in the outdoors is never wasted
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August 31st, 2015, 07:41 PM
#18
If you have to climb a fence to get on the property its trespassing.
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August 31st, 2015, 08:04 PM
#19
It is very possible that land when not posted and isn't being used looks no different then crown. I am aware of several area that people from this forum hunted land in the past not realizing the land they were on was actually private. So post your land if you don't want someone to mistake it for being private.
"This is about unenforceable registration of weapons that violates the rights of people to own firearms."—Premier Ralph Klein (Alberta)Calgary Herald, 1998 October 9 (November 1, 1942 – March 29, 2013) OFAH Member
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August 31st, 2015, 10:18 PM
#20
The property described is clearly private and a person entering it without permission would be trespassing. If you cross a fenceline, you are obviously trespassing.
What looks like a big loophole in the Act isn't a big loophole at all. It really just lays out common sense. But you will always get people trying to argue they have rights that they don't.
"The language of dogs and birds teaches you your own language."
-- Jim Harrison (1937 - 2016)