Retrieving Game Across Property Boundaries.

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Gafrage
 
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Retrieving Game Across Property Boundaries.

Postby Gafrage » Tue Nov 18, 2008 8:02 pm

For the first time in my life, I've had issues with neighbors not allowing me to retrieve game across property boundaries.  Keep in mind, this has nothing to do with our personal relationship prior to this incident.  However, now that everything is clear on each person's intentions, I am extremely frustrated with the neighbors.  Long story short, I shot a deer, that died 15 yards across the property boundary.  I figured, what the heck, the deer is laying right there, I can see it, I'll just go grab it, and walk back and take care of business.  As it turned out, the neighbors just happened to be outside at that exact moment.  They gave me some flack for it, and I called them this past weekend, as people hunt on their property and wanted to make sure I could contact their hunter, so he knows where I will be, as well as my father, and we know where he will be.  Safety first for me.

Anyway, when I called the adjacent landowner, I asked if I could some how get in contact with the hunter that hunts their property (since he drives up each day opening weekend), and she flamed me for crossing over the property boundaries, and said if I shoot a deer or not, and it goes across the property line, that she does not want me to cross the line at all, for any reason.  I had nothing against these people, however they got into a disagreement with the landowner who's property I hunt now, which might have made lots of things obsolete.

I thought there was something about contacting a Conservation Warden and being able to access the land and retrieve the game you shot.  I don't want to get into something with this adjacent land owner, but there is no reason (that I've given her) to be upset with me at all.  Other than the time the deer died 15 yards across the line (woods connected by the way).  I understand I should have gone to her door, and cleared things first.  I've done that with other neighbors, but I think it's unfortunate that a little misunderstanding like this could explode so greatly. 

I know the hunter that hunts her land has crossed the property boundary multiple times, and I never made a huge deal out of it, because there is no sense in making a huge deal out of such small things.  He wasn't hunting the times I actually saw him, he was traveling, just like her and her family has done.  Which leads me to another ball of wax.  She doesn't know the exact property boundaries.  She was headed back to her house, and was on the property of the landowner who I have full rights to hunt at this time.


So back to my question, does anyone know for sure if the land owner is not being cooperative, regardless of how far the deer falls on their land if you call a Conservation Warden and have a right to pursue the deer and tag it?  Or if it is better to not even ask the land owner for fear of the land owner telling the other hunter that a deer is laying on their land shot by a different hunter, (fill in the blanks).  I've tried to be patient with these people, like I said, I've never done anything prior to this retrieval of the game to upset them, as I used to hunt on their property.  As the gun season is coming around very shortly, I was curious if anyone knew the answer to the question, or anywhere I can find out the answer.


Thanks in advance.


Edit:  The story wasn't so short, or as short as I thought it would be, but I'm upset about the situation, extremely upset about the whole thing.  Also, as you can see by the hand on my avatar, I'm from Wisconsin.

allthingshunting
 
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RE: Retrieving Game Across Property Boundaries.

Postby allthingshunting » Wed Nov 19, 2008 1:05 am

I think it varies from state to state....but i think for the most part, the CO can only put "pressure" on the land owner to allow a recovery.  They cannot force them to allow you on their land, and they can't retrieve the animal themself.
 
By pressure, i assume they explain the waste of game, offer themselves as an escort to avoid anything but a recovery, etc.
 
I had a deer run across the border by about 30 yards, a creek was the property border.  Hunter who has permission on the neighboring property saw it cross and fall.  He approached the deer as i walked down to the creek.  We talked from 30 yards apart...him saying not to cross the creek under no uncertain terms and me beggin him to let me have my deer (It was a very nice 8 pt. which is besides the point).  Long story short, talking escalated as i realized he really wasn't going to let me have this deer.  He threatened me just short of saying he would shoot me if i crossed the creek, land owner did not believe me, CO believed me but didn't have anything  but "heresay" and i never got to see that deer any closer than 30 yards as i watched this "hunter" load my deer on his 4-wheeler and cart it out.  My guess....he claimed it to his friends as his own.

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Big Buck Daddy
 
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RE: Retrieving Game Across Property Boundaries.

Postby Big Buck Daddy » Wed Nov 19, 2008 3:26 am

Unfortanatley, as stretched thin as the Wardens are, I think you probably won't get anywhere with them.  You would think that they would want to pursue "the states property" and assist in resolving the incident.  BUT, they probably won't have time to spend a few hours on situations like this, plus the hours of trying to prove who actually did shot the deer.
 
I know Sheriff's deputies have been called to incidents like this around me and it always seems to end up favoring the owner where the deer landed.  Not the right answer but ...
You can do anything you want, but you'll eventually have to answer to THE MAN for it!

Nubs
 
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RE: Retrieving Game Across Property Boundaries.

Postby Nubs » Wed Nov 19, 2008 5:15 am

I work for the Sheriff Dept, once that deer crosses the property line it basically becomes that landowners property regardless of who shot it first. All we can do is try and encourage the landowner to do the right thing.

My advice would be if you know the landowner your deer died on is a prick and will not let you retrieve it, wait till dark and go get it. Darkness hides a lot of rule infractions. Hopefully the other guy didn't find it first. (This is my unofficial advice.) If you get caught after dark you still risk the chance of being sited for tress passing.

Where I hunt at, I try to spend time talking with my neighbors during the off season getting to know them and their families. Hopefully after some time they will feel they can trust me and that I am not a bad guy. I have had a few deer die across the property line but I have never had an issue not being able to go and get it.

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dtrain56
 
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RE: Retrieving Game Across Property Boundaries.

Postby dtrain56 » Wed Nov 19, 2008 12:54 pm

well first of all GAFRAGE... I would just go apologize to your nieghbor for not going to them first...maybe bring over some beer and sit on the porch and talk things over...
 
 
explain to them that you know that they have had a problem with the land owner where you are hunting but don't want it to effect your relationship with them and that you should have come over to ask them there permission to retrive your deer...
 
I know that i would not like to see someone walking around my property looking for a deer but if they came to me first then there would be no problems

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Goose
 
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RE: Retrieving Game Across Property Boundaries.

Postby Goose » Wed Nov 19, 2008 2:13 pm

I w
DK:[/align]Hello. How may I help you?[/align]Jake:[/align]Hello, I was wondering what the rules are for a wounded deer crossing the property line. as far as retrieval are their any regulations?[/align]DK:[/align]Are you talking about a wounded deer crossing onto PRIVATE property.[/align]Jake:[/align]Correct[/align]DK:[/align]The hunter has to have permission from the private land owner. The land owner does NOT have to say yes.[/align]DK:[/align]Is there anything else?[/align]Jake:[/align]And theres nothing a warden or sherriff would be able to do?[/align]DK:[/align]No. No one can force a private landowner to allow hunters on his/her land.[/align]DK:[/align]And just be aware if the land owner says NO and you go onto his land anyway, you can be cited for trespassing.[/align]Jake:[/align]Ok, Thanks for your time. [/align]DK:[/align]You're welcome. Have a good night.[/align][/align]Chat Session Ended, Goodbye. (5010)[/align][/align]Chat Session ent on to WIDNR and chatted with a warden, heres the chat.........[/align] 
 
Jake

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allthingshunting
 
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RE: Retrieving Game Across Property Boundaries.

Postby allthingshunting » Thu Nov 20, 2008 10:12 am

"I work for the Sheriff Dept" - "My advice would be if you know the landowner your deer died on is a prick and will not let you retrieve it, wait till dark and go get it. Darkness hides a lot of rule infractions."
 
Kind of unbelievable that you claim to be the law and in the same breath advocate breaking the laws that exist.  Even though you labeled it "unofficial"
 
There are reasons that these laws are in place.  They are there to protect the landowner from all kinds of things that can occur (i.e. injuries that lead to lawsuits).  While we all want to be able to retrieve our deer, and i doubt most landowners are outright unwilling to allow you to retrieve it unless you have given them reason, when the situation occurs, the answer isn't to then solve it by any means necessary.
 
Take it as a lesson.  While it can never be avoided 100% of them time, steps can be taken to mitigate it.  Hunt further from the boundary you know you have troubles with.  Take better shots.  Secure permission from neighbors that you know you might need it from prior to a situation arises.  Etc.  I know it is a hard lesson to learn, see my post above...but i can tell you, from experience on both sides of the fence, a deer is never worth being hurt, fined or otherwise.

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deerhunter713
 
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RE: Retrieving Game Across Property Boundaries.

Postby deerhunter713 » Thu Nov 20, 2008 10:50 am

I agree...retrieve that deer after dark (unarmed) and if questioned in the future, deny everything.  You might let the landowner of the land you are hunting know what is going on, maybe they can help the situation.
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Nubs
 
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RE: Retrieving Game Across Property Boundaries.

Postby Nubs » Thu Nov 20, 2008 4:29 pm

"Kind of unbelievable that you claim to be the law and in the same breath advocate breaking the laws that exist." Well believe it...this statement tells me you do not know to many people in Law Enforcement.

Take it or leave it but I can guarantee you that if you just watched the buck of your dreams cross the neighbors fence line an die and you know that they will not let you on the property to get it; and when you ask them for permission they will tell you no and then go the deer themselves. I know you yourself would resort to perhaps less then legal means to get it. Don't deny it, anybody would.

allthingshunting
 
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RE: Retrieving Game Across Property Boundaries.

Postby allthingshunting » Fri Nov 21, 2008 8:59 am

"this statement tells me you do not know to many people in Law Enforcement. "
 
I know plenty, i didn't want to put myself out there on my opinions of law enforcement on the website, but since you insisted....i believe law enforcement, for the most part, includes the most hypocritic people that live.  Again, this is a generalization that does not apply to all, but many.
 
As to retrieving the deer of your dreams...what if that deer was found by the landowner and drug to their house and placed in their shed...would you still advocate retrieving it by any means necessary...because in my opinion, crossing thier property border is no different than walking through their back door.  You do not have a right to be there for any reason without their consent.
 
As for denying it, i ABSOLUTELY DO. and i am sure there are many on this site that would not compromise the legalality of the situtation, whether it be for a 200" 10 point or for a yearling doe.  doens't matter.
 
HYPOCRITE!!!!!!  You should follow (in actions and words) the laws which you have sworn to uphold as law enforcement.
 
How would you personally handle the situation if called to a landowners property who is facing this very dilema?  Do you ignore the law and screw the landowner or do you uphold a law which you personally break and do not believe in?

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