Tree Stand On Private Property

[Beaners]

So, my grandfather owns about 180 acres. He doesn't farm it, he actually bought it about 40 years ago and it has been slated for "development" ever since. (I don't think all the land will actually get sold off, but the plans are there.) Eventually most of the rest of this land will be sold in five acre "farmettes" since that is the zoning requirement for livestock.

There is a tree stand overlooking one of the fields that my grandfather's business partner occasionally leases to a local farmer. My grandfather DOES NOT give anyone permission to hunt, and posts the land. His business partner doesn't give anyone permission either. I would like to just remove the stand and leave it by the curb on some of the road frontage. My grandfather doesn't want anyone hunting the land, at all, and wants the stand gone too, just so no one thinks I am acting without his knowledge. He just isn't in any condition to walk down the street, let alone across the property.

What on earth would possess someone to leave a tree stand up year round on someone else's property? And should I be concerned about retaliation when they discover their stand missing? Should I leave a note on the tree and tell them where it went or something? I want them to know that it is unacceptable to be doing this, since those signs don't seem to be doing the trick.

Kayleigh

edited to add: The fields have been leased in the past. This year and I think the year before they are NOT being leased, but they have been in the past.

[ericjeeper]

Originally Posted by Beaners

So, my grandfather owns about 180 acres. He doesn't farm it, he actually bought it about 40 years ago and it has been slated for "development" ever since. (I don't think all the land will actually get sold off, but the plans are there.) Eventually most of the rest of this land will be sold in five acre "farmettes" since that is the zoning requirement for livestock.

There is a tree stand overlooking one of the fields that my grandfather's business partner occasionally leases to a local farmer. My grandfather DOES NOT give anyone permission to hunt, and posts the land. His business partner doesn't give anyone permission either. I would like to just remove the stand and leave it by the curb on some of the road frontage. My grandfather doesn't want anyone hunting the land, at all, and wants the stand gone too, just so no one thinks I am acting without his knowledge. He just isn't in any condition to walk down the street, let alone across the property.

What on earth would possess someone to leave a tree stand up year round on someone else's property? And should I be concerned about retaliation when they discover their stand missing? Should I leave a note on the tree and tell them where it went or something? I want them to know that it is unacceptable to be doing this, since those signs don't seem to be doing the trick.

Kayleigh

Might wish to ask the farmer. After all he does lease the land. Maybe he hunts it too.

[sugarbush]

Questions about trespassers come up among the hunting crowd frequently and everybody has a different opinon about it. The best way to stop trespassing is to make an example out of somebody caught trespassing. easiest way to catch a person is to set up a game camera out of reach facing the stand and take a picture of the person. Second best thing is to wait for them on opening morning, but seeing as they would be armed I would not recommend doing so unless you have the sheriff with you.

Your grandfather might be stuck though if he leases the land out..... land leases have to be very specific about what can and cannot take place on the land..... If he doesn't have a written out lease stating that the lessee cannot hunt and the guy is paying to lease the land he has every right to hunt as well as give others permission to hunt on it and is would bet that is who's stand that is.

If you pick up a copy of your fish and game laws for the state it will probably say that landowners and tennants have the right to hunt on their own property without a license......That will tell you where your state stands on the issue with leases.

[DaleK]

Talk to the farmer and see. Depends on the language of the lease if there is one in writing, but often when a farmer rents land it's either in the agreement or local custom that if the farmer is putting his money into raising crops on that land, he should have the ability to control wildlife damage at the same time. I know if the landlord doesn't want hunting on any land I'm renting, he's going to get a lot less rent for it.

If the farmer doesn't know anything about it, give it to someone you know who hunts, or get rid of it.

If someone's going to retaliate over losing their deerstand, they're likely going to do it if you give it back to them anyway, just because you're "troubling" them.

[Gary in ohio]

What rights are in the lease? Did you lease the land or lease the right to plant and harvest the land. If I leased your land I better be able to put a stand in it. Know what is in the lease. If you dont want hunting then the lease should state if. If the lease does then take the stand down and post it forsale on craigslist. We have a friend that makes a few hundred a year selling stands found on his well marked property. Also a few game cameras were donated to the land.

[Beaners]

I might have misworded the first post. Occasionally these fields are leased out. They have not been for the last few years. I will correct the original post to reflect that.

These are fields that have been planted in crops in the past. This year, they are laying fallow and no one else has any rights to them.

Kayleigh

[Scrounger]

It would also depend on where you live. Here - SE Nebraska - just leasing land to someone DOES NOT imply that they have hunting rights, even if it is not mentioned in the lease. If it is your property, then remov the stand. If it is someone else's property, then you will need to go to them and find out.

[Windy in Kansas]

Your grandfather should simply call his business partner and make it clear that no hunting is allowed and that he should remove his tree stand. If not done within two weeks or as per other arrangements he will have it removed, probably to be sold or sold as scrap iron if it is of metal.

Not your duty at all unless your grandfather asks you to do it on his behalf and as his agent.

[Beaners]

I'm not sure where I gave the impression that the business partner was the one hunting the land? He is actually not even in the same city most of the time, and doesn't hunt.

My grandfather is upset that people are hunting on the land. He wants to stop it. My thinking is that removing the tree stand might at least send a message since we don't know whose it is. My grandfather physically is not able to walk to where this stand is located to remove it. He does not want it there. The land is owned by both him and his business partner, and the business partner does not want anyone hunting there either.

I think selling it on craigslist might be a good idea. I wonder if I should mention that it was "found" since someone apparently "lost it" on private property.

Kayleigh

[RichieC]

Originally Posted by Beaners

I'm not sure where I gave the impression that the business partner was the one hunting the land? He is actually not even in the same city most of the time, and doesn't hunt.

My grandfather is upset that people are hunting on the land. He wants to stop it. My thinking is that removing the tree stand might at least send a message since we don't know whose it is. My grandfather physically is not able to walk to where this stand is located to remove it. He does not want it there. The land is owned by both him and his business partner, and the business partner does not want anyone hunting there either.

I think selling it on craigslist might be a good idea. I wonder if I should mention that it was "found" since someone apparently "lost it" on private property.

Kayleigh

Is the land posted? In full compliance with your state's posting requirements? If you want to prevent hunting, that is where you need to start.

Almost no one who complains about tresspassing bothers to comply with the posting requirements. Because most people who do comply with the posting requirements don't have problems with tresspassers.

[Windy in Kansas]

Originally Posted by Beaners

I'm not sure where I gave the impression that the business partner was the one hunting the land?

You are absolutely correct, I misread. Sorry.

I would probably have the stand moved to a holding location and leave a note on the tree that the owner should contact you about it.

If contacted you should make it clear in no uncertain terms that no trespassing will be allowed in the future and that no hunting is nor has been allowed.

Depending on the attitude of the caller you might wish to allow them to pick the stand up or dispose of it, but he should know the outcome of your decision. You may also wish to contact those in charge of enforcing hunting laws that the person has been known to hunt on posted land without permission although it couldn't likely be proven.

[Danaus29]

Then you acting as an agent of the property owners have the right to remove the stand and do with it as you wish.

I'm curious as to how many times you can take a tree stand and sell it on craigslist. If the same person keeps buying it back and you take and sell it, they buy it and put it back up, you take it and sell it, and so on. I would also state that if the rightful owner wishes to protest the sale, that the division of wildlife will be notified that they have admitted to poaching.

It could simply have been forgotten or it could have been left for future attempts at taking off season deer. After all, if they were there illegally and left a gut pile on your land, you would be the poaching suspect, not the trespasser.

[RichieC]

Originally Posted by Danaus29

Then you acting as an agent of the property owners have the right to remove the stand and do with it as you wish.

I'm curious as to how many times you can take a tree stand and sell it on craigslist. If the same person keeps buying it back and you take and sell it, they buy it and put it back up, you take it and sell it, and so on. I would also state that if the rightful owner wishes to protest the sale, that the division of wildlife will be notified that they have admitted to poaching.

It could simply have been forgotten or it could have been left for future attempts at taking off season deer. After all, if they were there illegally and left a gut pile on your land, you would be the poaching suspect, not the trespasser.

It's not poaching if the land wasn't posted and the deer were taken in season. The fact that the owner "doesn't want people hunting there" doesn't make it illegal to hunt there unless the owner follows the process for informing people that hunting is not allowed.

While I always ask a landowners permission before hunting, a hunter who strays onto unposted land is neither tresspassing nor poaching.

[Beaners]

RichieC...it is posted. That is what those "signs" I am referring to are about. They are every 20 (15?) feet on the property. I am not sure of the distance, but it is what is required by law. A few years ago someone had a field day tearing down every sign about once a month. That got expensive quick, and we never found out who did it.

The land is posted.

Kayleigh

[Gary in ohio]

Originally Posted by RichieC

It's not poaching if the land wasn't posted and the deer were taken in season. The fact that the owner "doesn't want people hunting there" doesn't make it illegal to hunt there unless the owner follows the process for informing people that hunting is not allowed.

First off take any reply with a grain of salt and check your local laws. Hunting laws vary by state. In some state you can hunt on your own land without a permit, In ohio you must have a hunting license or fishing license and must hunt in season.

In Ohio you CAN NOT hunt on any property without written permission. Permission must be secured and be on your possession to be legal. If if hunting on your own land you need to have written permission from yourself with you.

Basically In Ohio ALL land regardless of posting is by default no hunting, YOU MUST secure hunting rights on any land you use for hunting.

This is a recent change to ohio law, but seeing some of the idiots who hunt it was needed. I know people who need to put blaze orange vest on there llama's so hunters dont shoot the big deer. Farmers writing COW on the side in bright colors.

[RichieC]

Originally Posted by Beaners

RichieC...it is posted. That is what those "signs" I am referring to are about. They are every 20 (15?) feet on the property. I am not sure of the distance, but it is what is required by law. A few years ago someone had a field day tearing down every sign about once a month. That got expensive quick, and we never found out who did it.

The land is posted.

Kayleigh

In that case, I recommend the game camera approach.

[watcher]

If I found a tree stand on my land I'd think someone left it there as a present for me and take it home. My dad got himself a nice jon boat that someone left for him on his pond.

[edcopp]

I had a similar situation a couple of years ago. I called up the game protector. He is a personal friend of mine. I asked him how to handle the situation. He told me to remove the tree stand if I wanted to, and then file a report with the sheriff's office indicating that I had removed the tree stand.

The idea here was to cause the trespasser to need to go to the sheriff to find out where "his" tree stand went. Nobody ever called.

We are so far out in the boonies that we do not have a "craigs" lost, and I did not sell the stand. I eventually gave it away.

Our state requires that the land be posted in a reasonable way, which I had done.

It is not O.K. to hunt wherever one wants, ever. It is trespassing to be on my land if I do not want you there. Now there is such a thing as unintentional or accidental tresspassing, but this does not usually involve hunting on pasted land. The world does have a liberal amount of people with liberal opinions. I hear them all the time, and frankly it gets irritating after a while. People do not have the right to use my land, without my permission for any reason. In Ohio to hunt on my land that permission is required to be in writing, and the penalties are justly severe.

[Ravenlost]

Originally Posted by watcher

If I found a tree stand on my land I'd think someone left it there as a present for me and take it home. My dad got himself a nice jon boat that someone left for him on his pond.

So would I. I do NOT tolerate other people using my property. Anything they leave while on my property illegally will become MY property.

here(Caswell county, NC), the law reads:
The General Assembly of North Carolina enacts:

SECTION 1. Section 1 of S.L. 2007-264 reads as rewritten:

"SECTION 1. It is unlawful to take wildlife or attempt to take wildlife on the land of another, or to fish on the land of another, without having on one's person while hunting or fishing the written permission, signed and dated for the current hunting or fishing season, of the landowner or lessee, or the landowner's or lessee's designee. The written permission shall not be valid for more than one year and may be valid for a shorter period stated in the permission. The written permission shall be displayed upon request of any law enforcement officer of the Wildlife Resources Commission, by sheriffs and deputy sheriffs, and by other law enforcement officers with general subject matter jurisdiction. A person shall have written permission to hunt or fish for purposes of this act if a landowner has granted permission to a hunting club to hunt or fish on the person's land and the person is carrying both a current membership card demonstrating the person's membership in the hunting club and a copy of valid written permission granted to the hunting club that complies with the requirements of this act."