Am I wrong to close my land to hunting....

[tawilson]

web page

 

[tawilson]

I thought I posted that link with the quote. I understand about keeping on good terms with your neighbors. Myself, I would post the land, go to your neighbors you want to have access to it and give them permission, course they should give you permission to go on their turf too if you want to, and tell them they can politely but firmly ask strangers to leave your land if they wish too.

 

[penokee]

I believe that the Constitution/Bill of Rights gives us the "Right of Free and Quiet use of Our Property", something the framers of the Constitution didn't have in Europe. There are literally hundreds of millions of acres of Public Land available to all of us. That includes: Federal, State, County, and Municipal lands. In addition, there are large acreages owned by Mining Companies, Paper Mills, etc. that are open to use by Sportsmen and Women. Granted you may have to travel some distance to reach these lands, but they are there for your use.
I've gone through the same situation with wooded lands and also Lake Shore. Beer cans, debris, etc. I refuse to tolerate it any longer. Don't play policeman - I've been cursed at and threatened so many times that I now call the Local County Law Enforcement and let them handle it (Always get a desciption of the vehicle involved and liscense plate before calling the Law). You are taking the correct, if difficult action.
Never want to threaten the tresspassers or brandish a weapon - they will get some worthless Trip an Fall type and sue you.
penokee /forums/images/graemlins/smile.gif

 

[btolle]

</font><font color="blue" class="small">( That is some interesting information. Do you have link to the DEC website where it says that? I was given very different information from an attorney. I was told that if you give permission for someone to be on the land, you are responsible for their actions. )</font>

Each state has it's own laws. You need to be aware of the law in your particular state. Since an attorney gave you that advice I would certainly follow it.

BTW, in Texas, guests are legally called "invitees", in other words, you "invited" them onto your property.

Also, be aware that you can have an "attractive nuisance" on your property, something that is so attractive that it invites people to come onto your property and you may be held liable for their welfare while they are there since you created the attraction.

From Texs A & M Real Estate Center "Texas common law recognizes the "attractive nuisance doctrine." The landowner may be liable for a trespassing child's injury if the landowner is maintaining a dangerous condition where children are apt to trespass and the economic benefit of maintaining the dangerous condition is minimal compared with the risk of injury to the child."

There is an interesting "test" at "Test Your Knowledge of Landowner Liability"

Answer the questions and see what your score is. I am a licensed Texas Real Estate Salesperson and only scored 54%, bummer.

Interesting paragraph to show you how the laws can vary, in Texas, "According to a 1997 amendment to the Texas Penal Code, a "No Trespassing Sign" is imparted by a purple paint mark placed on a tree or post three to five feet above the ground, a minimum of one inch wide and eight inches long, and 100 feet apart in forest land and 1,000 feet apart in all other land. The statute explicitly states the marks must be placed on a tree or post, not a tree or rock."

I will bet that not one person in 100 in Texas knows that the purple mark means no trespassing.

The above site applies only to Texas law.

Bill Tolle

 

[MikePA]

<font color="blue"> The landowner may be liable for a trespassing child's injury if the landowner is maintaining a dangerous condition where children are apt to trespass and the economic benefit of maintaining the dangerous condition is minimal compared with the risk of injury to the child. </font>
Yep, dukenyc, if you get any children hunting on your property, you'll be in trouble! /forums/images/graemlins/tongue.gif

 

[dukenyc]

Tom, thanks for the link. That page is full of good info.

Yes you are right, I could be in trouble if a child comes onto my land. I have a large (8+acres) pond, and I suppose it could be enticing to a child.

 

[Indydirtfarmer]

Disclaimers, and releases aren't worth the paper they're written on..... /forums/images/graemlins/tongue.gif If someone can make a case for your negligence in some manner, you can't sign away your right to be protected from that negligence. /forums/images/graemlins/crazy.gif /forums/images/graemlins/smirk.gif

I own 788 acres of prime hunting land.. I don't even allow family to hunt on it. That's my right. I'm not a "bunny hugger", but just don't want to get anything started..... /forums/images/graemlins/smirk.gif Allow one person, and the ball is rolling. /forums/images/graemlins/tongue.gif /forums/images/graemlins/smirk.gif

Don't EVER feel guilty for doing what you think is right..... /forums/images/graemlins/grin.gif /forums/images/graemlins/wink.gif

 

[Tinkerer]

I am a hunter and allow others to hunt on my property as well. If you don't want people on your property, you are certainly within your rights to keep them off, it is your property. I do think, however, that if "liability" is the only reason for keeping people off, then you are making a mistake. You can do what you want, but I refuse to live my life fearing possible "liabilities". Others opinions will vary though.

 

[JJT]

My property is posted and only friends and family are allowed to hunt on it. From the back of my property there is access to 1000+ acres of state land, with very little public access.

 

[Indydirtfarmer]

It's not the liability issue that keeps hunters off the property. I don't live on the farm. We live some 45 miles from there. If I let one person hunt, it becomes 10 people before I know it. (BTDT) I don't want people on the property while I'm not there. And I don't want people WITH GUNS there while we're working there. We've got a nephew that is "accident proned"....He is in to hunting. I don't want to argue with him or his father over my not allowing him on the property with a weapon. Best way to deal with it is to not allow ANYONE to hunt there except me and/or my son..... /forums/images/graemlins/tongue.gif