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Discussion Starter · #1 ·
After the events of this evening, I now wonder how rare it is to ask permission to hunt on private land. My wife and I have had permission to hunt a field for waterfowl and deer for two years now. We have been deer hunting lately and have two spots set up depending on the wind direction. We have been there most weeknights and weekends. There have been a few other guys hunting the fields without permission from the farmer.
There is a tree stand on the boundary line of the field >300 meters from our ground blind. We are not shooting at the same section of field as they can't see the corner of the field that we are set up on.
This morning I noticed that there was someone in the tree stand. He looked at me while I looked at him thru the binos. Well tonight we are walking into the field and I see someone set up pretty well in our spot. I was pissed but wanted to hear his/her reason. I approached him and here he was sitting on his ATV on the side of the field with his rifle ready. I asked if he had permission and he said they had been hunting there for 20 years. I asked him if he has permission and he said that they had a couple tree stands on the private boundary. Anyways he did not know the farmer and his father was in the tree stand and told him to position himself on our spot.

So no permission and purposely screwing us over on our spot. I made my feelings very clear without getting out of control. We decided to go sit in our other spot 50 meters away looking into the other field, but before we get there I see someone sitting there as well. Enough is enough!!! I am losing iT (in my mind anyway). I talk to this guy (who has used the first tree stand mentioned sever times). He didn't have permission either. Needless to say we were fed up!! Doesn't anyone respect private land and especially agricultural land?

We ended up just walking another 400 meters and sitting down in a futile location just because were already there and it was getting late. (by the way, our 2 spots are the best locations on the fields)

Maybe I am venting, but this was outrageous. They all knew that were were setup in those two locations as they have seen us there before (this morning, last night, etc). Is it just a free for all out there in deer season? Maybe I am used to duck hunting where I get permission in June to hunt in the fall.

I am just wondering what the general opinion is of asking for permission while deer hunting. It seems like it is not the same as duck hunting.
Oh by the way...what a pile of people out there chasing only a few bucks!
 

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I agree the trespass laws are a joke. What were they thinking when they passed these laws.

IT should be that you cannot access any property unless it is crown or you own it and give permission for people to access your land. This yellow/red disk is a complete joke. That system is doomed for failure. The way it is written up and suppose to be followed allows hunters to access any property simply by saying they didn't see a yellow circle where they entered. What is up with that! And what is up with expecting a farmer to post every bit of his land every so many meters along the prpoperty lines. That allows some knob to access your prperty when he crosses over through a piece of wooded area

It should be the hunter's responsibilty to find out who owns the land and what is private or crown.

I had to kick someone off mine twice this year and I told them it's not posted and won't be. I told them that was a waste of time and to have some respect and go hunt somewhere else. Some giant fat man sitting in his truck in the middle of the field about 70 yards from my camera set up on the edge of a gully had the nerve to give me a hard time when I drove up to him on my 4 wheeler and asked him to leave.
 

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That's terrible Max, the laws here certainly don't favour the land owners. I heard about someone a few years ago getting fined for trespassing on someone's property in New Brunswick, he got a fine of $1. I'm not sure if that's an actual fact, or just something people say to emphasize our crappy land owner laws, but it wouldn't surprise me!
 

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If its not posted then why ask permission?? Lazy landowners always say the same thing "it wouldnt make a difference".

I love the laws and yes I own several pieces of land. Its simple, if I dont want you on it I post it. Simple.

Not being able to access without permission whether posted or not, NOW thats like being in the states. Maybe its not the same everywhere but in St Stephen to find who owns a piece of land costs me $15 per piece, thats right at SNB. So if I want to access 10 pieces of UNPOSTED property I need to pay $150, then its a crapshoot whether permission is given or not,

I LOVE the NB Laws, free access withou discs/signs.
 

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NB has some of the slackest trespass laws in North America.


try that kinda BS in in some states and you will get shot....LEGALLY!!!
Really? shoot a person just because you find them on your land, Calling BS, pretty sure the US justice system is similar to ours, pretty sure they would slam you ass in jail for shooting someone there as quick as here.
 

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If its not posted then why ask permission?? Lazy landowners always say the same thing "it wouldnt make a difference".

I love the laws and yes I own several pieces of land. Its simple, if I dont want you on it I post it. Simple.

Not being able to access without permission whether posted or not, NOW thats like being in the states. Maybe its not the same everywhere but in St Stephen to find who owns a piece of land costs me $15 per piece, thats right at SNB. So if I want to access 10 pieces of UNPOSTED property I need to pay $150, then its a crapshoot whether permission is given or not,

I LOVE the NB Laws, free access withou discs/signs.
I agree. If you care enough about your land, post it.

Ive asked to hunt on non-posted land and been denied, so it's not like I'm a yahoo who'se going everywhere casuing trouble. I just think that the existing rules are plenty fair enough. People will break whatever laws are in place. Changing trespass laws won't get rid of trespassers. Sure, it stinks to have people in your hunting spot, but it's not YOUR land. If it was, you could get rid of them. Otherwise, its the landowner's job. That's why it pays to have more than one spot, I guess.
 

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30+ years, yup, know all about that, never known anything else.

Really? shoot a person just because you find them on your land, Calling BS, pretty sure the US justice system is similar to ours, pretty sure they would slam you ass in jail for shooting someone there as quick as here.
Texas Laws
According to Section 9.42 of the Texas Penal Code, a landowner can shoot at or use other deadly force against a trespasser if the landowner reasonably believes the land or property cannot be protected or recovered by any other means, or that the landowner himself would be exposed to substantial risk of death or serious bodily injury if the landowner does not use deadly force. A landowner can also shoot at or use other deadly force against a trespasser if the force is immediately necessary to prevent the trespasser's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime or criminal mischief during the nighttime; or to prevent the trespasser who is fleeing immediately after committing one of those acts from escaping with the property. "Criminal mischief" includes "knowingly or intentionally damaging or destroying, tampering with or marking, inscribing slogans, drawing or painting on tangible property " of the property owner.

If a person can access land by saying they did not see the disk, a land owner can just as easily say they asked the person to leave, and the person threatened them.
 

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Texas Laws
According to Section 9.42 of the Texas Penal Code, a landowner can shoot at or use other deadly force against a trespasser if the landowner reasonably believes the land or property cannot be protected or recovered by any other means, or that the landowner himself would be exposed to substantial risk of death or serious bodily injury if the landowner does not use deadly force. A landowner can also shoot at or use other deadly force against a trespasser if the force is immediately necessary to prevent the trespasser's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime or criminal mischief during the nighttime; or to prevent the trespasser who is fleeing immediately after committing one of those acts from escaping with the property. "Criminal mischief" includes "knowingly or intentionally damaging or destroying, tampering with or marking, inscribing slogans, drawing or painting on tangible property " of the property owner.

If a person can access land by saying they did not see the disk, a land owner can just as easily say they asked the person to leave, and the person threatened them.
While a property owner would have protection under those laws, I highly doubt it's over when the echo from the gun fades away. There are proscribed conditions that have to exist.

Hell of a difference between trespassing and murder.
 

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While a property owner would have protection under those laws, I highly doubt it's over when the echo from the gun fades away. There are proscribed conditions that have to exist.

Hell of a difference between trespassing and murder.
Be that as it may, you called BS on someone getting shot for trespassing, saying they would land in jail. I am just providing you proof that you can get 'legally' shot in at least Texas, and I think Arkansas for trespassing. Property owner perception that the trespasser is causing damage is pretty loose.

The trespasser is shot, all the property owner has to say is that the trespasser threatened them, so they defended themselves -- case closed.
 

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Discussion Starter · #11 ·
Be that as it may, you called BS on someone getting shot for trespassing, saying they would land in jail. I am just providing you proof that you can get 'legally' shot in at least Texas, and I think Arkansas for trespassing. Property owner perception that the trespasser is causing damage is pretty loose.

The trespasser is shot, all the property owner has to say is that the trespasser threatened them, so they defended themselves -- case closed.
I don't believe it is the landowners job to police his land. As a society we need to respect the property of others and it is only respectful to ask. At the very least, if you don't have permission and someone else is hunting the area you should assume they do have permission and move off.
Well I didn't hear any shots last night so that made me happy. The bright blue ATV on the side of the corn field might have been the reason (can you say lazy bum).

It is interesting hearing the different opinions. Always a great discussion.
 

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Be that as it may, you called BS on someone getting shot for trespassing, saying they would land in jail. I am just providing you proof that you can get 'legally' shot in at least Texas, and I think Arkansas for trespassing. Property owner perception that the trespasser is causing damage is pretty loose.

The trespasser is shot, all the property owner has to say is that the trespasser threatened them, so they defended themselves -- case closed.
If the landowner shoots and kills them for trespassing, it would be homicide. The law provides for the property owner to protect what's theirs and doesn't extend to a minor issue such as trespassing. Even Texas isn't the old wild west. So I stick to my call....BS on the legality on shooting trespassers.

BTW, Thanks Bowman, for providing the link.
 

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If its not posted then why ask permission?? Lazy landowners always say the same thing "it wouldnt make a difference".

I love the laws and yes I own several pieces of land. Its simple, if I dont want you on it I post it. Simple.

Not being able to access without permission whether posted or not, NOW thats like being in the states. Maybe its not the same everywhere but in St Stephen to find who owns a piece of land costs me $15 per piece, thats right at SNB. So if I want to access 10 pieces of UNPOSTED property I need to pay $150, then its a crapshoot whether permission is given or not,

I LOVE the NB Laws, free access withou discs/signs.
Because it is the right thing to do and if you don't then next year it may be posted RED which is EXACTLY why we have so much red posted ground now. Knock on a couple doors and you can find out who owns 90% of the land without going through SNB. Lazy landowner or lazy hunter?
I have had a couple farmers tell me just this year that they are thinking about posting red next year just to prevent the hassle. And it is a valid statement "Why post yellow when no one respects it". I had one farmer just last week tell me he posted his land yellow this year, last year wasn't posted. Guy stops and shoots a 6pt'er and the farmer goes over and asks him what the [email protected]!! he's doing. The guy says "but there was a deer!" I bet it would be a different story if some guy sets a lawn chair on your lawn and said he was there just to catch some sun? Perfectly legal till you tell him to leave, but it would sure tick you off. I post my ground and I still get guys who sneak in and even use my stands. Last year I even chased one off who was out of his vehicle trying to shoot a deer on red posted ground 200 yards from my house.

As to the "shooting trespassers"...

Trespassing in many states is the same as going into someones house and you can be shot and landowner can get off with it if he felt his life was threatened. Not saying it wouldn't be a tough case and need some extenuating circumstances but it is possible.
 

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I understand and agree with you about needing to know who's land your on and having permission in the states. If it was the same way here in NB it would probably improve things.

And yet firearm owners wonder why we are under attack.....
 

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NB has some of the slackest trespass laws in North America.


try that kinda BS in in some states and you will get shot....LEGALLY!!!
There's nothing legal about murder!!
I didn't read anything in the original post that said he was the landowner.In fact he asked permission to be there, so not a legal foot to stand on to murder someone.
And yet firearm owners wonder why we are under attack.....
Because of statements like Girlscout just said.
Nothing wrong in my opinion with protecting yourself with force if needed.I don't see anything here that would require deadly force.
 

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I need to put deer higher up on my standards for justifiable homicide. LOL I guess killing a deer is pretty freakin important. LOL Reading this post fills me in on how many wanna be murderers are out in the woods. Before you get to cocky with another hunter, remember your not the only one holding a gun and DEAD IS DEAD.
 

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Bowtec I guess I'm a "lazy hunter". A very succesful lazy hunter though...
You get your deer yet?? LOL

I stand by my statement also. If You dont want me there then post your land, If you want to post red, then thats your decision, YOU pay the taxes on the land not me. I have several pieces of property with one being apple trees and a field. I CHOOSE not to post it. Its up to me, the landowner, to decide if I want people there or not. If by me following the laws makes me "lazy", then call me lazy..Did I mention I'm a very very succesful lazy hunter...LOL
 

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I always ask permission to hunt on private propery as its the right thing to do. But just the other week a person with DNR told me I legally do not have to ask and that by buying a hunting licenses that gives me the right to hunt anywhere I want thats legel distance or I guess by-laws such as in towns. I was then told that the landowner can't tell me to leave the land because he does not want hunting on it. But can ask me to leave his/her property because he just doesn't want people on it and then they have to give the person sufficient time to leave before calling the cops. Any DNR or cops on here to support this? Does not seem correct to me.
 

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Have to agree with nbguide. I also own nb land that isnt posted and i think the system here works great. I have hunted in Alberta Where you need pemission just to stick your toe on someones land and it is a real task to track down landowners. And there you can buy landowner maps. I believe that if you want to control the hunting then post it.If you dont care then guys will hunt it. From the original post I dont recall reading that the land in question was posted?
 

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Bowtec I guess I'm a "lazy hunter". A very succesful lazy hunter though...
You get your deer yet?? LOL

I stand by my statement also. If You dont want me there then post your land, If you want to post red, then thats your decision, YOU pay the taxes on the land not me. I have several pieces of property with one being apple trees and a field. I CHOOSE not to post it. Its up to me, the landowner, to decide if I want people there or not. If by me following the laws makes me "lazy", then call me lazy..Did I mention I'm a very very succesful lazy hunter...LOL
Nope not yet but I passed bigger deer than you shot this year

I'm just saying, asking permission is the right thing to do. Most farmers that don't post do so because of the hassle it is to post and the difficulty in prosecution that they themselves have to do. If they have to put up with too much they will just post it RED and let DNR handle the problem. That is not in the best interest of hunters in NB IMHO. I have no problem if someone doesn't want to post their ground but I also would never hunt on someones property without permission whether it is posted or not.

Gastch... he can tell you to leave for any reason he wants. As to the second part.. yes, whoever told you the part about you have to ask them to leave first and give him ample time to leave before calling RCMP is correct. You can not charge someone first offense until you have first asked them to leave and then the offense is repeated, unless of course it is posted yellow (correctly), then they can be charged the first time. Same as with red posting.
 
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