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"Posted No Hunting" signs in Texas
We have 90 acres in Texas. Actually, 16 acres is mine and it adjoins 75 acres that is my father's. I am the "keeper and protector" of my father's land as he lives in the city.
We have a bunch of hillbilly type neighbors who are not all that bad, but now and then asking to hunt on "our" land. We don't allow this. Not so much that we are against hunting, we just don't want other people hunting on our land. We consider it a valuable natural resource and protect the species there and if WE NEED TO HUNT for OUR food at some time in the future, we will know it is there. Our land adjoins a big giant ranch so wildlife is plentiful. We don't want people out there shooting up around our livestock anyway. These neighbors drove up to the house yesterday and asked to go Dove hunting on the 75 acres. I had my DH go out there and just say that my dad did not allow it (simple enough). Later we heard gun shots. My neighbors have 50 acres across the road. So we don't have any idea where the shots were fired, people shoot out here all the time, everybody does...could have been anybody. I can't walk the pasture everyday trying to ward of illegal hunters. I would have to walk around with MY gun and then they would think "I" was hunting. We do not have the place posted for no hunting. What would be my rights if I went to, God Forbid, Walmart, and bought a couple of "Posted No Hunting" signs and put them up? What are my rights now? Advice? Oh, and I like to stay on good terms with ALL my neighbors. We all get along pretty good out here and keep to ourselves. There is no feud, but I think there may be some sneaking around. |
You may want to post this in the new Great Outdoors forum, the hunters and such are down there mostly and maybe someone knows the answer.
Angie |
Of course you can buy No Hunting / No Trespassing signs and put them up.
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Yes that is what I have done is just put up "No Hunting" signs. BUT
those no hunting signs at least in most States, have to placed so many feet apart, all around the piece of properly~! Not just one or 2 at gates etc. |
No Hunting/Trespassing signs
I was told this by one of the locals near our place (Erath County, Texas) that if you place no trespassing signs on posts every 100 feet or so, then paint the tops of those posts a high visability color (such as white), then paint the remainder tops of the posts the same color, that it changes the trespassing to a more serious charge.
I wish I could help you more, but I honestly cannot remember the details. Next time I see the fellow, I will ask him again, and take better notes!! :) Mark in Arlington/Lipan |
In Il all you need is one posted by the entrance ...LEAGALLY! In reality you cant post to many! Ive found that posting targets with a lot of holes in them and the range to the house in front of them in random locations seems to work wonders!
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We try to stay on good terms with our neighbors as well...so DH just blames me ~ in a joking way! :) When they ask to hunt on our land he tells them that 'I' said it costs $5000 for the season. Ridiculous, I know...but they don't usually ask if they can hunt on our land again.
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Absolutely, get No Tresspassing/No Hunting signs (lots of them) and post them intermittently around yours and your father's property.
Talk to the neighbors so that word gets around. I've told all our neighbors "We don't allow hunting on our property... we don't want to shoot someone on our land and we don't wish to be shot on our land, therefore - no hunting on our land!" Even tho we haven't hunted here since we've moved, that doesn't mean we couldn't or might not. They don't need to know that tho. We target practice now and then; might be a good idea for you to do that too. The shots are heard for quite a distance. Don't be shy when it's your land (or land you're caretaking). You don't want to be shot next time you're walking on your own property! |
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Here is the Texas Penal Code describing what is required and defenses to prosecution under the Criminal Trespass law: (Hope it helps) * Note: I've deleted some portions of this law that does not appear to be covered in your particular situation as otherwise this text is too long to be accepted on HT and also hi-lited those areas that are more than likely to be what you are looking for to cover your situation.* § 30.05. CRIMINAL TRESPASS. (a) A person commits an offense if he enters or remains on or in property, including an aircraft or other vehicle, of another without effective consent or he enters or remains in a building of another without effective consent and he: (1) had notice that the entry was forbidden; or (2) received notice to depart but failed to do so. (b) For purposes of this section: (1) "Entry" means the intrusion of the entire body. (2) "Notice" means: (A) oral or written communication by the owner or someone with apparent authority to act for the owner; (B) fencing or other enclosure obviously designed to exclude intruders or to contain livestock; (C) a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden; (D) the placement of identifying purple paint marks on trees or posts on the property, provided that the marks are: (i) vertical lines of not less than eight inches in length and not less than one inch in width; (ii) placed so that the bottom of the mark is not less than three feet from the ground or more than five feet from the ground; and (iii) placed at locations that are readily visible to any person approaching the property and no more than: (a) 100 feet apart on forest land; or (b) 1,000 feet apart on land other than forest land; or (E) the visible presence on the property of a crop grown for human consumption that is under cultivation, in the process of being harvested, or marketable if harvested at the time of entry. (3) "Shelter center" has the meaning assigned by Section 51.002, Human Resources Code. (4) "Forest land" means land on which the trees are potentially valuable for timber products. (5) "Agricultural land" has the meaning assigned by Section 75.001, Civil Practice and Remedies Code. (6) "Superfund site" means a facility that: (A) is on the National Priorities List established under Section 105 of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Section 9605); or (B) is listed on the state registry established under Section 361.181, Health and Safety Code. (7) "Critical infrastructure facility" means one of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders: (A) a chemical manufacturing facility; (B) a refinery; (C) an electrical power generating facility, substation, switching station, electrical control center, or electrical transmission or distribution facility; (D) a water intake structure, water treatment facility, wastewater treatment plant, or pump station; (E) a natural gas transmission compressor station; (F) a liquid natural gas terminal or storage facility; (G) a telecommunications central switching office; (H) a port, railroad switching yard, trucking terminal, or other freight transportation facility; (I) a gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas; or (J) a transmission facility used by a federally licensed radio or television station. (c) It is a defense to prosecution under this section that the actor at the time of the offense was a fire fighter or emergency medical services personnel, as that term is defined by Section 773.003, Health and Safety Code, acting in the lawful discharge of an official duty under exigent circumstances. (d) An offense under Subsection (e) is a Class C misdemeanor unless it is committed in a habitation or unless the actor carries a deadly weapon on or about the actor's person during the commission of the offense, in which event it is a Class A misdemeanor. An offense under Subsection (a) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if: (1) the offense is committed: (A) in a habitation or a shelter center; (B) on a Superfund site; or (C) on or in a critical infrastructure facility; or (2) the actor carries a deadly weapon on or about his person during the commission of the offense. (e) A person commits an offense if without express consent or if without authorization provided by any law, whether in writing or other form, the person: (1) enters or remains on agricultural land of another; (2) is on the agricultural land and within 100 feet of the boundary of the land when apprehended; and (3) had notice that the entry was forbidden or received notice to depart but failed to do so. (f) It is a defense to prosecution under this section that: (1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and (2) the person was carrying a concealed handgun and a license issued under Subchapter H, Chapter 411, Government Code, to carry a concealed handgun of the same category the person was carrying.Text of subsec. (g) as added by Acts 2005, 79th Leg., ch. 1093. (g) This section does not apply if: (1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun or other weapon was forbidden; and (2) the actor at the time of the offense was a peace officer, including a commissioned peace officer of a recognized state, or a special investigator under Article 2.122, Code of Criminal Procedure, regardless of whether the peace officer or special investigator was engaged in the actual discharge of an official duty while carrying the weapon. Text of subsec. (h) as added by Acts 2005, 79th Leg., ch. 1093. (h) For purposes of Subsection (g), "recognized state" means another state with which the attorney general of this state, with the approval of the governor of this state, negotiated an agreement after determining that the other state: (1) has firearm proficiency requirements for peace officers; and (2) fully recognizes the right of peace officers commissioned in this state to carry weapons in the other state. § 30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED HANDGUN. (a) A license holder commits an offense if the license holder: (1) carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and (2) received notice that: (A) entry on the property by a license holder with a concealed handgun was forbidden; or (B) remaining on the property with a concealed handgun was forbidden and failed to depart. (b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication. (c) In this section: (1) "Entry" has the meaning assigned by Section 30.05(b). (2) "License holder" has the meaning assigned by Section 46.035(f). (3) "Written communication" means: (A) a card or other document on which is written language identical to the following: "Pursuant to Section 30.06, Penal Code (trespass by holder of license to carry a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (concealed handgun law), may not enter this property with a concealed handgun"; or (B) a sign posted on the property that: (i) includes the language described by Paragraph (A) in both English and Spanish; (ii) appears in contrasting colors with block letters at least one inch in height; and (iii) is displayed in a conspicuous manner clearly visible to the public. (d) An offense under this section is a Class A misdemeanor. (e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035. |
IF they didn't respect you when they asked before then they probably wont care about no trespassing signs.. next time just call police to go check it out
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With 75 acres I believe you could safely let hunters use the far end. Especially if they are dove hunting as they will be using shotguns only. Plus, wildlife such as dove, squirrels, rabbits, and deer are a renewabe source and it is healthy for the species to be thinned out once in a while. This helps keep deseases under control.
I would specifically tell the hunters that if you want to hunt on my land then you will have to ask each time you plan on coming. Tell me how many will be in the hunting party. Take all your trash back out with you. And that they can only hunt in certain areas and will be responsible for any damages that may occur. Any violations and you will not be able to come back. There's no need to be selfish with your property. If your not going to use the natural resources then it would be okay to let someone else use them. |
Thank you for posting the legal info. It's interesting that the purple paint is in the law. I learned about that in Missouri, but didn't know that it was statutory here in Texas. In Missouri, you can buy that paint at the feed stores, etc. Never have seen it used or sold in central or south Texas, however.
Guess I'll have to import some. :) |
Rose, I buy purple spray paint at Wal Mart.
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RH stated "There's no need to be selfish with your property"
It's not a matter of being selfish with something you bought , pay taxes on , maintain your crops and run your livestock on. You bought it for your use and sometimes invited guests. I don't know where people get the gall to suggest to someone else how they should use THEIR PROPERTY. I enjoy peace and quiet and don't what some yahoo running through my hay fields to get to a tree line to shoot a few Dove. |
Yvonne, up in Missouri, there's a certain shade that is sold as "boundary paint." Cheap stuff. Do you just get a lovely shade of lavender? :) :) :)
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If you give someone permission to hunt on your land you might want to look into what sort of liability you might be opening yourself up to.
Hunters, especially dove and quail hunters are bad about crawling over, under, around and through fences also. Tears up the fences after a while. . |
Rose, It is Purple. We been doing this for the past 8 years and trying to educate people to this law.
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Fantastic. I'll look for some later this week and get it painted next week. :)
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A simple way to do that is to say you consider your place a wild life refuge.
That way no hard feelings with the neighbor. It works for a neighbor of mine who really is anti hunting. Everybody knows her property is off limits but hunt all around her. She is reasonable enough to let people chace deer that after being shot escape to her 110 acres. So you can keep them off while staying friendly with other land owners and the neighbors with a little work. |
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HAHA! While I ponder over the comment "hillbilly type neighbors" :) I'll mention my no hunting or trespassing signs that have so many bullet holes in them that I lost count. :cool: Had to take it a step farther than posting signs, if ya know what I mean... :nono: And as far as "There's no need to be selfish with your property" I had to hire a dozer to close my side road because of all the stoves and garbage, beer cans, 55 gal rusted out steel barrels, junk cars and more that were left on my land because it was just left open for years for everyone to use. :flame: NOW I get to clear out the copperhead dens that have sprung up there, burn what I can and bury or pay to have the rest hauled out. So much for open access to someone else's land. Have you ever seen anyone really take care of a rental car? Same goes for someone else's land. "Most" just don't care if it's not theirs. :rolleyes: Just a little food for thought for ya all from a "hillbilly type" that now keeps EVERYONE off my land. :hobbyhors gotta love those hills..... Ozarkguy . |
So, let me sum up:
1. You live in Texas 2. You want to keep good relations with your neighbors 3. You want to forbid your neighbors hunting on your land It's likely - in my humble opinion - that you cannot combine #'s 2 and 3, they are mutually exclusive. Is it your land? Yep. Can you do with it what you want? Pretty much. Can you control the way your neighbors feel about it? Nope. R |
Thanks for posting the laws. We had that same problem a few years back with our 75acres we owed in Tx. All the animals would come to our land to hide from the hunters during the hunting season from the lands around us. The hunters were looking at our land drooling. We posted the No hunting signs, no treaspassing, and Beware of Dogs sign usually made them hesitant about coming in even though we didnt have any dogs at the time made them look :)
If you got the money higher fence would be another option. Sam |
RD, These are not neighbors. The neighbors don't wnat any hunting on their land either. One neighbor was gut shot while holding 3 men he found on his property till the sheriff arrived. Would have died except he was on his cell phone in communication with his wife.
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I agree on the wildlife refuge- "This Area is a Designated Natural Wild Life Refuge- Violators will be Prosecuted" should get their attention. I also like the one about bewaring the dogs, even if you don't have any.
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I am a hunter,
I don't let others hunt my land, except my 2 sons and myself. laws vary from state to state, but it's never a smart idea to confront an armed person. Most states wildlife agencies do a pretty good job of keeping this in check. All you have to do is hear the gun shots and make a call, let them investigate. In one state i lived in land did not have to be posted or fenced or even declared private property. It was up to the hunter to know where he was. A violation would result in hunting privledges lost for 5 years. It wont take long for word to get around that you dont allow hunting. Unless you are bothered by repaeted request for land access posting signs might not even be needed. |
I appreciate all the feedback and thanks for posting the laws, copperkid.
When I said "hillbilly type neighbors" I was not trying to be derogatory to anyone on here who considers themselves a hillbilly. It is just a slang term I used for these people who are one fry short of a happy meal. These are not people who I tend to hang around with or even visit with, though I do smile and wave when i see them. If their horses or cows get out when they are not home, i put them back in. We have had city company come here in years past, get their vehicle stuck in the sand, and these "hillybillies" have come pulled them out with their tractor. So we basically get along. But the are not the type to take care of the land. i would not trust them to hunt. As far as being "selfish" with the resources, well, that was a shocking statement to me. Those "hillbillies" have stripped their land bare of trees almost, they have tore it all to peices with 4 wheelers and let raw sewage run into the road. I could go on. I protect my resources, that is not being selfish. I have deer and doves on my land because I don't 4 wheel, I have trees and I don't have raw sewage. These are not the type you share with, and I am not the greedy type....not in my nature to be greedy...just protective. On to other things. I had heard of the purple paint thing. I will check that out. As far as calling the law, we depend on the sheriffs department, and they could be anywhere in the county when you call, so no fast action there. I do have several big dogs, 3 great Pyrenees and 1 Aussie. But the back of the land is unprotected by dogs as they stay with the goats and by the house and by us. I do fire my gun periodically, a 12G shotgun, I get their attention. They know I am armed. Also, when i first moved out here, i was single. So I subscribed to "Guns and Ammo" so gossip would spread via the small one-horse-town postal system.....they would all know that I had an interest in guns. I never even read those magazines. :) |
Most folks in my part of the world don't mind neighbors hunting. Even though my place is posted I wouldn't be upset if they were coon hunting and tracked one over here. I wouldn't think twice about going over on any of their places to fish in the creek either. It's kind of an unwritten rule that the posted signs don't apply to neighbors, including me, unless you personally have been told to stay out. Outsiders, no tresspassing is strictly enforced. Of course, deer season all bets are off. No neighbors would tresspass at that period of time. But if you have some goofball neighbors, I can sure understand you not wanting them in there....which you've already told them. Is anybody elses property nearby posted? If so, my opinion is to join the crowd and post yours. If nobody elses is posted, then you sure aren't going to fit into the neighborhood. :) One thing for sure, it's yours and you can do as you see fit.
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