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#3562826 - 01/27/14 08:38 AM Posting property you do not own
Monroe
Spike


Registered: 12/08/13
Posts: 32
Loc: East Tn

Offline
I am in the process of getting written permission to hunt land I obviously do not own. The land owner has expressed a slight reservation to grant permission to me due to; 1) the land is not currently posted and, 2) he is aware others have been, without permission, hunting his property. He realizes the potential for conflict between me and the others who may hunt without his permission and we are seeking a means to head off any conflict.

Thus the following questions:

1) Could I post his land with his permission?
2) Would I need a written statement of posting permission?
3) With said permission, could I ask others to leave the property?
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#3562982 - 01/27/14 10:34 AM Re: Posting property you do not own [Re: Monroe]
Frank G
8 Point


Registered: 12/20/12
Posts: 1409
Loc: Hardin Co, TN Pickwick Lake

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Sounds as if you have come across a landowner that trusts you, must have made an impression on him …… GOOD JOB. Offer to purchase the signage and hang for him. One thing that I would add “Written Permission Required”. You will have his so you are good to go. If you bump into anyone else ask him or her if they have theirs from Mr. XXXXXX? It will take a while to weed out the “I have always hunted here” (aka trespassers) guys. Be cordial, carry your permission card; take a note on when and where. If you hunt private property you must have written Hunter/Landowner Permission Card (pg 61 hunting guide). Once the word gets out (and it will) a lot of problem hunters will stay away. I have found that once the land is posted the GWs will start to watch. Good Hunting.
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#3563000 - 01/27/14 10:48 AM Re: Posting property you do not own [Re: Frank G]
scn Moderator
14 Point


Registered: 02/05/03
Posts: 9673
Loc: Brentwood, TN US

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 Originally Posted By: Frank G
Sounds as if you have come across a landowner that trusts you, must have made an impression on him …… GOOD JOB. Offer to purchase the signage and hang for him. One thing that I would add “Written Permission Required”. You will have his so you are good to go. If you bump into anyone else ask him or her if they have theirs from Mr. XXXXXX? It will take a while to weed out the “I have always hunted here” (aka trespassers) guys. Be cordial, carry your permission card; take a note on when and where. If you hunt private property you must have written Hunter/Landowner Permission Card (pg 61 hunting guide). Once the word gets out (and it will) a lot of problem hunters will stay away. I have found that once the land is posted the GWs will start to watch. Good Hunting.


Incorrect on having to have a written permission card on private land unless the land is posted as such.
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#3563009 - 01/27/14 10:54 AM Re: Posting property you do not own [Re: Monroe]
scn Moderator
14 Point


Registered: 02/05/03
Posts: 9673
Loc: Brentwood, TN US

Offline
 Originally Posted By: Monroe
I am in the process of getting written permission to hunt land I obviously do not own. The land owner has expressed a slight reservation to grant permission to me due to; 1) the land is not currently posted and, 2) he is aware others have been, without permission, hunting his property. He realizes the potential for conflict between me and the others who may hunt without his permission and we are seeking a means to head off any conflict.

Thus the following questions:

1) Could I post his land with his permission?
2) Would I need a written statement of posting permission?
3) With said permission, could I ask others to leave the property?


1. Yes
2. No, but it wouldn't hurt to have it, either.

3. Not legally without specific legal documents drawn up by a lawyer giving you the right to do so. I suspect it would take some type of power of attorney document for you to legally enforce anything on the property. Even a simple lease agreement does not give you the legal ability to enforce trespass issues. The landowner would have to prosecute those in court himself/herself.
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#3563847 - 01/27/14 08:09 PM Re: Posting property you do not own [Re: scn]
Carlos Viagra
16 Point


Registered: 11/20/04
Posts: 13695
Loc: Cumberland Plateau

Offline
Way to go Monroe, post that other guy's land to keep those sorry-ice deer hunters out. There's too many of them anyways.

http://www.cbsnews.com/news/number-of-hunters-in-us-declining/

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#3563995 - 01/27/14 09:44 PM Re: Posting property you do not own [Re: scn]
Anonymous TnDeer Old Timer
Unregistered



 Originally Posted By: scn
 Originally Posted By: Monroe
I am in the process of getting written permission to hunt land I obviously do not own. The land owner has expressed a slight reservation to grant permission to me due to; 1) the land is not currently posted and, 2) he is aware others have been, without permission, hunting his property. He realizes the potential for conflict between me and the others who may hunt without his permission and we are seeking a means to head off any conflict.

Thus the following questions:

1) Could I post his land with his permission?
2) Would I need a written statement of posting permission?
3) With said permission, could I ask others to leave the property?


1. Yes
2. No, but it wouldn't hurt to have it, either.

3. Not legally without specific legal documents drawn up by a lawyer giving you the right to do so. I suspect it would take some type of power of attorney document for you to legally enforce anything on the property. Even a simple lease agreement does not give you the legal ability to enforce trespass issues. The landowner would have to prosecute those in court himself/herself.
I was told by both of my counties Game Wardens that a lease agreement does give me the power to be the one prosecuting in court. That was during this past season with both of them present walking around on the property.

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#3564315 - 01/28/14 07:19 AM Re: Posting property you do not own [Re: Carlos Viagra]
Monroe
Spike


Registered: 12/08/13
Posts: 32
Loc: East Tn

Offline
 Originally Posted By: Carlos Viagra
Way to go Monroe, post that other guy's land to keep those sorry-ice deer hunters out. There's too many of them anyways.


This forum is for asking questions of TWRA personnel. Threads in this forum are not open for debate. Personal opinions and debate are not allowed in this forum and are subject to deletion.

Thanks.
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Note to self: Do not open threads that do not at least have a hint of what the topic might be.

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#3564338 - 01/28/14 07:35 AM Re: Posting property you do not own [Re: Monroe]
Monroe
Spike


Registered: 12/08/13
Posts: 32
Loc: East Tn

Offline
SCN,

Thanks for the answers to my earlier questions. Now one more, I have read the "Hunting by Written Permission Only" posting requirements (copied and pasted below). A color is mentioned, which color is preferred?

How do I post my land under this law?
It is crucial for landowners to follow the posting requirements closely. Land can be properly posted in one of the following two manners:
a. Approved signs must be placed along the property boundary at intervals no greater than 100 yards and at all major entrances.
b. Approved signs must be visible at all major points of ingress and must be accompanied by fluorescent visual markings which markings must also be placed at fifty-yard (50 yd) intervals around the perimeter of the lands being posted. Such fluorescent visual markings must be at least one inch (1”) wide and four inches (4”) long. The division of forestry, in cooperation with the department of agriculture and the wildlife resources agency, shall determine a unique universal paint color or colors, including the color blue, to be used for these property boundary markings.
The landowner must issue written, not verbal, permission slips to everyone given the right to hunt on his or her land.
_________________________
Note to self: Do not open threads that do not at least have a hint of what the topic might be.

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#3564872 - 01/28/14 01:46 PM Re: Posting property you do not own [Re: ]
scn Moderator
14 Point


Registered: 02/05/03
Posts: 9673
Loc: Brentwood, TN US

Offline
 Originally Posted By: MrWhitetail
 Originally Posted By: scn
 Originally Posted By: Monroe
I am in the process of getting written permission to hunt land I obviously do not own. The land owner has expressed a slight reservation to grant permission to me due to; 1) the land is not currently posted and, 2) he is aware others have been, without permission, hunting his property. He realizes the potential for conflict between me and the others who may hunt without his permission and we are seeking a means to head off any conflict.

Thus the following questions:

1) Could I post his land with his permission?
2) Would I need a written statement of posting permission?
3) With said permission, could I ask others to leave the property?


1. Yes
2. No, but it wouldn't hurt to have it, either.

3. Not legally without specific legal documents drawn up by a lawyer giving you the right to do so. I suspect it would take some type of power of attorney document for you to legally enforce anything on the property. Even a simple lease agreement does not give you the legal ability to enforce trespass issues. The landowner would have to prosecute those in court himself/herself.
I was told by both of my counties Game Wardens that a lease agreement does give me the power to be the one prosecuting in court. That was during this past season with both of them present walking around on the property.


After discussing with our staff attorney, I'll stand by my answer that a simple lease agreement DOES NOT give the leasee the ability to prosecute for trespass or hunting without permission. If there is a power of attorney with specifics on prosecuting trespassers, that is a whole different game. My advice to you would be to discuss it with your attorney before doing such as false arrest carries some significant issues.
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#3564878 - 01/28/14 01:50 PM Re: Posting property you do not own [Re: Monroe]
scn Moderator
14 Point


Registered: 02/05/03
Posts: 9673
Loc: Brentwood, TN US

Offline
 Originally Posted By: Monroe
SCN,

Thanks for the answers to my earlier questions. Now one more, I have read the "Hunting by Written Permission Only" posting requirements (copied and pasted below). A color is mentioned, which color is preferred?

How do I post my land under this law?
It is crucial for landowners to follow the posting requirements closely. Land can be properly posted in one of the following two manners:
a. Approved signs must be placed along the property boundary at intervals no greater than 100 yards and at all major entrances.
b. Approved signs must be visible at all major points of ingress and must be accompanied by fluorescent visual markings which markings must also be placed at fifty-yard (50 yd) intervals around the perimeter of the lands being posted. Such fluorescent visual markings must be at least one inch (1”) wide and four inches (4”) long. The division of forestry, in cooperation with the department of agriculture and the wildlife resources agency, shall determine a unique universal paint color or colors, including the color blue, to be used for these property boundary markings.
The landowner must issue written, not verbal, permission slips to everyone given the right to hunt on his or her land.


You are required to use a series of blue paint markings and specific signage.

However, before you go to the trouble of posting in this manner, you need to be aware that our officers have been directed not to issue citations for not having the written permission. There are some major loopholes in this statute that make it virtually unenforceable. Our officers have been advised to require the lnadowner to be part of the prosecution.
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