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Hunting 'Unposted' Private Land
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<blockquote data-quote="Allen" data-source="post: 188688" data-attributes="member: 389"><p>I actually had a couple of neighbors test this just a couple years ago. I know one of them hangs around websites like this, so maybe he will correct my mistakes in the story if I get something wrong.</p><p></p><p>Neighbor A stuck a deer with an arrow and since he only owns 5(?) acres, it ran over onto another person's property. Neighbor B flat out refused his request to go search for his wounded deer, the land is posted. Neighbor A, knowing it was a good hit and the deer couldn't have went too far, ended up calling a game warden and sheriff. Their collective response was to escort him out onto the posted land in a successful search for his deer.</p><p></p><p>Neighbor B gets pissed and sues Neighbor A for violating his property rights.</p><p></p><p>As the court ruled, Neighbor A had the legal right/obligation to retrieve HIS property from Neighbor B's land and not only ruled against Neighbor B, but awarded Neighbor A legal fees for having to defend himself from such a BS lawsuit. Effectively, confirming the long-standing concept of me having the right to retrieve my property from yours. No different than if one of my cows wanders over onto the neighbor's land, or if my pickup breaks down on a gravel road where the neighboring landowner actually owns the land the road traverses.</p><p></p><p>Under the law there are still limits to how big of a wanker one can be, even for us landowners.</p><p></p><p>Yes, my land is posted. Yes, I allow a reasonable number of hunters. And no, I can't think of a legitimate reason to prevent someone from retrieving their property from mine.</p></blockquote><p></p>
[QUOTE="Allen, post: 188688, member: 389"] I actually had a couple of neighbors test this just a couple years ago. I know one of them hangs around websites like this, so maybe he will correct my mistakes in the story if I get something wrong. Neighbor A stuck a deer with an arrow and since he only owns 5(?) acres, it ran over onto another person's property. Neighbor B flat out refused his request to go search for his wounded deer, the land is posted. Neighbor A, knowing it was a good hit and the deer couldn't have went too far, ended up calling a game warden and sheriff. Their collective response was to escort him out onto the posted land in a successful search for his deer. Neighbor B gets pissed and sues Neighbor A for violating his property rights. As the court ruled, Neighbor A had the legal right/obligation to retrieve HIS property from Neighbor B's land and not only ruled against Neighbor B, but awarded Neighbor A legal fees for having to defend himself from such a BS lawsuit. Effectively, confirming the long-standing concept of me having the right to retrieve my property from yours. No different than if one of my cows wanders over onto the neighbor's land, or if my pickup breaks down on a gravel road where the neighboring landowner actually owns the land the road traverses. Under the law there are still limits to how big of a wanker one can be, even for us landowners. Yes, my land is posted. Yes, I allow a reasonable number of hunters. And no, I can't think of a legitimate reason to prevent someone from retrieving their property from mine. [/QUOTE]
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