Pond Boss Forums INTRO Questions & Observations Trespasser Problems & Stories

Tim.
I think If you allowed me to come hunt once a week I could scare him off How many acres you got fenced, how big you grow 'em, 160"? If it makes you feel any better I have two clients with high fence and they too worry about neighbors shooting the deer. One guy stuck up a trail camera pointed towards the neighbors stand across the fence.

Tim - That is a bit of a pickle. You are right, on the one hand it sounds like the guy might be a real 'winner' and might be liable to shoot one of your deer. (In which case I would keep that note as evidence and try not to handle it too much - fingerprints and all. Might not prove he did it but cold certianly help should the situation arise). Of course his threat involving the game warden is baseless as you can certainly patrol your own lot. In fact YOU may be able to cause him some trouble as he is OBVIOUSLY harrasing your animals and therefor you have the right to livestock protection on your side. Perhaps you should speak to your neighbour? And/or speak to the authorities first? Let them know your fears?

Maybe a trail camera as Greg suggests isn't such a bad idea?

I agree with Pottsy. I would first show the note to my neighbor. Then I would go to the Game Warden and County Sheriff. I think it is a fair assumption that you have been left a potentially threatening note from a person armed with a high powered rifle. I doubt seriously that the hunter left the note when he wasn't hunting. I would tell each of them that I no longer felt safe while working on my land. If the Owner, Game Warden and Sheriff will talk to the guy, I expect he will move his deer stand.

I would definately have a couple of game cameras. However, the effective distance is seldom over 50 ft. They do make binoculars that incorporate a digital camera. I think I would watch the guy. If he starts scoping onto your land, take a picture. Show it to the authorities. Under no circumstances does he have the right to look onto your land with a loaded deer rifle.

By the way, a friend of mine was ticketed for "stalking" deer. He watched some big bucks on a game farm for about 10 minutes through the scope of his loaded rifle. The Game Warden ticketed him and admitted in court that he knew that my friend had no intention of shooting a deer. However "letter of the law" caused my friend to lose the case. It's a fairly new Texas law that Game Wardens can use against road hunters that don't actually fire a shot.

Tim,
A camera, informing the authorities (before he does) & keeping the note are very good advice. I would also however leave him a copy (you hang on to the original) of a note at the edge of the property line informing him that you have no intention of disrupting his hunt & explaining your NORMAL routine of monitoring all your fence via 4 wheeler. This too will become evidence should it ever come to that. I like to give people the benifit of doubt at first & make them prove my assumption they are of the decent sort is incorrect. It will look good on your part if your first response is polite. Who knows he may have been upset when he wrote the note because your 4 wheeler scared off a nice buck. Maybe he will then realize he should move his stand farther away from a known 4 wheeler trail.
Ric

Tim; Is there some law regarding harassment(sp?) I have a non-hunting neighbor who often starts shooting around daybreak and late afternoon on weekends. Seems obvious to me. I asked the Game Warden about it and was told there was no law to keep the guy from doing what he wanted on his land.

Tim,
I would leave a note, right next to the first one, asking our friendly hunter to post his schedule with you, so you can be an accomodating neighbor.
If he posts the schedule, as an arrogant idiot should, don't go along the fenceline while he's there.
Invite the game warden to ride the fence instead. Let him ride your ATV.
I know several game wardens, and I bet yours would get a kick out of "checking your fences", and checking the hunting neighbor's license, too.
Then, share the next note you get with us, after you show it to the landowner who is letting this fool hunt.

Here is a copy of my email to our local CO including his reply.

Officer XXXXXX:

I have wanted to contact you for some time to discuss a couple of enforcement issues and finally looked up your email address on the DNR
website. I'm a resident and land owner in Robinson Township in Ottawa County. Over the last 5-10 years we have had several issues with
trespassers. In most cases, after speaking to the individuals things were settled amicably with no conflict. There have been a couple of
occasions where we have called the Sheriff's Department to make a complaint and have
been told to call a CO. Unfortunately we were not able to contact a CO fast enough to make an arrest in either case.

In the past 12 months, one neighbor in particular has caused us recurring problems. This individual has operated ATVs directly past my no
trespassing signs and over newly seeded areas. Fourth of July weekend, this same neighbor and his friends fired hundreds of rounds through a .223 semi-auto at a pond surface directly toward my property (within 25-feet of my property
line). The bullets whizzed by my wife and I with many landing in our pond less than 20-feet from where we were standing. I had been out working in that area all afternoon and had heard the gun fire but didn't think anyone could be stupid enough to have such a disregard for gun safety. On both occasions I had a discussion with the neighbor who was very apologetic and convinced
me that it would never happen again. There have been other minor incidents such as brush hogging across the property line and trimming our fruit
trees. These incidents are in the past but illustrate this neighbor's attitude toward others.

This neighbor will get no more chances. What has brought me to contact you is the construction of their new 20-foot tower blind. The deer blind is
located within 10-20-feet of my property line and has a window that looks out across my property toward a recently planted food plot. I was very
uncomfortable hunting on my own land this past weekend. I feel that it is only a matter of time before more shots are fired in our direction. My
questions for you are the following:

How do you suggest that I handle this situation, especially if I should witness these people shooting across the property line, or if they
should take a deer on my property?

What is the best way to contact a conservation officer in Ottawa County?

I appreciate your advice on this matter and hope that we will not need to contact you for enforcement action.

Sincerely,

Steve Young

And his reply:

Mr. Young,

I appreciate your questions. It is a difficult thing to have to deal with unappreciative neighbors. I can give you details of the law and how your rights are protected by law, I hope this offers some insight on how you may handle any future problems that may occur. First and foremost the recreation trespass laws are designed to protect property owners from subjects who intentionally and in some cases intentionally cross property lines for the purposed of
recreating, ie.., hunting, orv use, or simply just walking thru to watch wildlife. The law states that in order for rec. trespass to be
enforced, there are certain liabilities placed on the land owner to show that the property is in fact "off limits". If your land is non-agricultural, you must have signs posted in a fashion that any reasonable person could establish that no one is to enter without
permission. Normally theses signs are the most common ones seen around lands that indicate "no hunting", or "no trespassing", and are placed
closed enough to one another so that they are clearly visible to anyone who may want to enter. If your land is agricultural, ie.., farmlands or
an area that contains livestock, then the law allows for these lands to be automatically protected against trespass, due to the burden placed on the owner to post large parcels of properties with signs.

As to the problem with the land owner building the elevated platform close to property lines, I sympathise with your concerns. Unfortunately, there is nothing in the law that prohibits a person from doing this as long as he is on his own property. It is important to note, that land that is either signed or protected from tresspassing, protects the land owner from anyone
shooting on their property, even from adjacent lands, or recovering game that may have crossed on to another's property, without first obtaining
permission from the land owner. A person who is engaged in trespassing and shoots a deer, even if that person is licensed to do so, rec. trespass laws state that the animal taken is considered to be an animal taken by unlawfull means, and subjects that person to heavy fines,
license revocation, and jail time.

I hope this offers some confidence in what state law provides for you. If you have any further questions please feel free to contact me
at my residence office: XXX-XXX-XXXX, or through our report all poaching hotline at 1-800-292-7800.

Sincerely,

XXXX XXXXX
Conservation Officer

I've got a good trespassing story...

Many years ago, before I joined the Army, I had a deer stand with my name carved on the tree. (Didn't see a damned thing the day I carved that) I have learned to walk swiftly and silently through the woods and surprised a gentleman sitting in my stand. I asked him if he's seen anything. He says no...so I ask him his name. He tells me MY name!!!

Now I know that I was stupid to do this...so don't bawk. I walked away from the guy and go home. I get a chainsaw and walk back up on him... No wander he doesn't get deer...he never checks behind him...Anyway, I start the chainsaw and start cutting the tree down

Years go by...and I find myself in Korea as a Private First Class...and I meet an Army Chaplain who is a Colonel (Full Bird) and he's askin me about where I live. Well I'm tellin him and he says. "Yeah I've hunted in that area" It dawns on me that this is the same jackass that I cut out of that tree. He said he hunted my neighbors property...that's when I reminded him that NO he hunted MY property and I was the guy with the chainsaw! I've never seen anybody turn as red as he did just then...

SMALL WORLD?

Just tell the trespassers that you haven't eaten any fish from the pond for the last two years because you had the pond tested and found unusually high arsenic levels in the fish.

Or Mercury!
Not bad Stony!
A couple of signs wouldn't hurt either!

I've seen the same technique used to deter dog runner's from letting their dogs run deer across someone's property. "Caution: Coyote Bait Out" is believable enough that you never really know for sure.

I often see signs warning of baited bear traps... and until this post never thought about them being used as a deterant rather then a reflection of the truth. What a great idea...

"Warning: Contaminated area, beware of contact with indigenous species, high toxicant levels. P.S. Beware of baited traps for bears, bats, and the dingo that ate my baby"

With regard to the coyote bait being out, I was told by the poster that the local dog runners had asked the game warden what he was going to do about coyote poison being put out and what if their dogs ate it. The response promptly was that he could do whatever he wanted with his land, since the signs had been posted, he had no recourse.

This is not my sign. I'm very peacable-like.

It's not my sign either. Good marksmanship and sufficient terminal ballistics, you know.

Copperheadedrattlemoccasin venom incubation area. These snakes haven't been milked in 3 years. Hope you have been innoculated.