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Discussion Starter #1
I just moved to a new area. Once settled in, I met with the neighbors that had bordering property, asking each permission to hunt and or at least retrieve wounded game. The owner of the one property actually said " it's not posted is it?", I replied with a no; but wanted to be polite and neighborly. He said he had no issue with me being on his property. (He lives on the other side of town, this is just some land he has). He continues to tell me that another guy leases it (some or all?) to use as a airport for his little hang glider with a lawn mower motor... Anyways, they must have spotted my gut pile from saturday, and have put up a NO TRESPASSING sign that you get from Walmart on 1 tree that is on my way to stand. I know the legality requirements to post property and 1 walmart sign is not it...

The question is, since I have permission from the actual land owner, am I permitted to be there, or does the lease holder have the authority to post a property???

Any helps appreciated. I don't want to be causing havoc, but I don't want to give up a good thing either.
 

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depends on what is in a agreement with the lessor and is it verbal or written? Get your permission in writing.
 

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Have hunted property that was posted by a neighbor...but the landowner gave us written permission to be there.
 

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I know the legality requirements to post property and 1 walmart sign is not it...
1 walmart sign is not it. Neither are 100 walmart, or any other "boxstore" signs. Trespassing has pretty much nothing to do with signs, signage. the signing of, or how far apart said signs are. Trespassing has everything to do with the deeded landowner giving permission for the person to be there. If you get permission (written would probably be preferable) from said landowner, you are certainly granted access. That all said, make sure you have permission to HUNT the land (you mentioned retrieveing wounded game).

I'll put it this way. If a person knows they are not the rightful deeded owner to a piece of property, it is their responsibility to find out who is, and gain entry access from the legal owner.
 

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Fleroo said:
I know the legality requirements to post property and 1 walmart sign is not it...
1 walmart sign is not it. Neither are 100 walmart, or any other "boxstore" signs. Trespassing has pretty much nothing to do with signs, signage. the signing of, or how far apart said signs are. Trespassing has everything to do with the deeded landowner giving permission for the person to be there. If you get permission (written would probably be preferable) from said landowner, you are certainly granted access. That all said, make sure you have permission to HUNT the land (you mentioned retrieveing wounded game).

I'll put it this way. If a person knows they are not the rightful deeded owner to a piece of property, it is their responsibility to find out who is, and gain entry access from the legal owner.
right on. there doesn't need to be any walmart signs to be cited for tress passing. as a hunter, you are responsible to know your boundaries....weather posted or not.
 

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snowfool67 said:
Fleroo said:
I know the legality requirements to post property and 1 walmart sign is not it...
1 walmart sign is not it. Neither are 100 walmart, or any other "boxstore" signs. Trespassing has pretty much nothing to do with signs, signage. the signing of, or how far apart said signs are. Trespassing has everything to do with the deeded landowner giving permission for the person to be there. If you get permission (written would probably be preferable) from said landowner, you are certainly granted access. That all said, make sure you have permission to HUNT the land (you mentioned retrieveing wounded game).

I'll put it this way. If a person knows they are not the rightful deeded owner to a piece of property, it is their responsibility to find out who is, and gain entry access from the legal owner.
right on. there doesn't need to be any walmart signs to be cited for tress passing. as a hunter, you are responsible to know your boundaries....weather posted or not.
Exactly right, just because property is not posted does not give anyone the right to trespass. I would contact the owner again, something else might have happened to change things. It only takes one to mess up a property and stop its use for hunting etc..
 

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Brings to mind when I was out in Wyoming a few years ago. We had a 80 year old rancher take us antelope hunting. He had a good laugh about us "Easterners" and our ways....especially the whole " if it's not posted I can hunt it mentality" .
His words....( now picture an 80 yr old cowboy, with a hat he got when he was 10, cowboy boots held together with duct tape, tobacco running down his chin, in a John Wayne voice........" piece a paper on a stick don't mean squat....if you dont know who owns it, and you ain't got permission to hunt it...then you don't go on it" .
So as others will tell you....written permission is everything. A verbal agreement will mean nothing in court.
 

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Discussion Starter #8
Your getting hung up on trespassing..

The question is, since I have permission from the actual land owner, am I permitted to be there, or does the lease holder have the authority to control rights of a property???

I DO have permission to hunt and be there so legally I am not trespassing unless a leasee can designate property restriction.

I'm going to call him this evening after work to clear things up.
 

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The question is, since I have permission from the actual land owner, am I permitted to be there, or does the lease holder have the authority to control rights of a property???
I'm not sure why you have so much concern based on your response above. IF the landowner specifically gave you permission to hunt, whaty would make you think some "leasee" ? that has a lease to fly a plane, would trump that. You're good to go IMHO. But I'd have the landowner put it in writing so you can show anybody that may THINK they own the land if they confront you.
 

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FWIW, I've had farmers who rent land tell me I could hunt on it,but I always thought "Who are they to tell me I can hunt it, when they don't even own it?!?!?" I fully realize why they may want the deer herd reduced there, but what if they rented one of their farm houses out and the renters said, "Sure, all you buddies of mine can come over here and do whatever you all want"?
 

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It depends on whats in the lease, some come with hunting rights some are just Ag rights or sharecropping.
 

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Depending on how a lease is worded....a property owner is basically giving up all rights to a lease holder. I lease a property that specifies I only have the hunting rights to the property. I can only charge those that are defiant for a hunting activity. There is good and bad to that situation.
 

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It depends on whats in the lease, some come with hunting rights some are just Ag rights or sharecropping.
Unless I missed something, the landowner didn't lease for sharecropping, didn't lease for EXCLUSIVE hunting rights, he leased so they can fly a plane.
 

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If you were able to read the actual lease terms to know that was all included, please enlighten us, or is this something u assumed?
Directed at me ???

He continues to tell me that another guy leases it (some or all?) to use as a airport for his little hang glider with a lawn mower motor...
The property owner gave Ridgerunner permission to hunt. My thoughts are that the property owner would know full well if the "airport lease" he entered into with "airplane man" would preclude any other person from hunting. Then again, I don't care if Ridgerunner ever returns to hunt on the property or not.
 

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My experiences with leases is that the landowner generally has all say in what goes on at the property unless specifically stated in the lease agreement.

With that said, unless you read the lease agreement, you don't know who holds what rights or privileges on the property.

My first step would be to contact the landowner and tell him the situation. It very well might clear the entire situation up without raising anyone's blood pressure.
 

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Lease the hunting rights to the land..... This way they can't keep you out!
 

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Discussion Starter #20
Late Update- I wrote a letter to the land owner requesting clerification on the matter. He did not want to put anything in writing, but said I had free reign. GOOD DEAL!
 
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