hypothetical question

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jb3

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What would you do if you shot/arrowed a large antlered buck and it crossed over into the adjacent landowners property and were denied access to retrieve it? This is no ordinary buck. This buck has a minimum score of 150".

This backyard topic and ethic question got me to thinking.
 
you cant do anything about it your screwed legally. would be a tough pill to swallow and I hope I never get in the situation and I hope none of you will be in that situation.
 
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I was told one time that if the landowner didn't let you retrieve the deer then call the game warden and he can go get it. IDK for sure though, luckily I've never had it happen.
 
bbuck14 said:
I was told one time that if the landowner didn't let you retrieve the deer then call the game warden and he can go get it. IDK for sure though, luckily I've never had it happen.

Legally, if the landowner refused to allow access, there is nothing the game warden can do about it. I guess the warden might be able to persuade the owner to allow retrieval, but the warden can't just go drag the deer over to your side.
 
I want to relate to you what happened to my friend Jerry...we call him Uncle Jurry. The guy has deer hunted for years with very little success (actually he never killed a buck at this point). He was in the woods on his 40 acres that he just bought. Along about 10am a nice buck came through and he shot it...a little far back but what he thought was a double lunger. He tracked the buck, it bled profusely, to a fence...no "posted" signs just a fence. He thought he could see the buck laying about 60 yards on the other side and made the decision to go across the fence...just as he put his leg up a guy said "hold it right there".

Jerry explained the situation and the guy told him you cannot cross...I don't care the situation you can't cross the fence onto my land. He actually said he was sick and tired of trespassers. Well, the guy was in hunting gear and had a rifle so Jerry left and went to the police. (Game warden was in another county) The police went out to the the owners home with Jerry to talk to him. The guy that came to the door and owned the property was not the guy in the woods...not only that, the owner had given nobody permission to hunt his land because simply nobody had asked.

So, my advice is make sure you are talking to the real owner of the land...also, make sure it isn't a renter but the owner.
 
Coach said:
I want to relate to you what happened to my friend Jerry...we call him Uncle Jurry. The guy has deer hunted for years with very little success (actually he never killed a buck at this point). He was in the woods on his 40 acres that he just bought. Along about 10am a nice buck came through and he shot it...a little far back but what he thought was a double lunger. He tracked the buck, it bled profusely, to a fence...no "posted" signs just a fence. He thought he could see the buck laying about 60 yards on the other side and made the decision to go across the fence...just as he put his leg up a guy said "hold it right there".

Jerry explained the situation and the guy told him you cannot cross...I don't care the situation you can't cross the fence onto my land. He actually said he was sick and tired of trespassers. Well, the guy was in hunting gear and had a rifle so Jerry left and went to the police. (Game warden was in another county) The police went out to the the owners home with Jerry to talk to him. The guy that came to the door and owned the property was not the guy in the woods...not only that, the owner had given nobody permission to hunt his land because simply nobody had asked.

So, my advice is make sure you are talking to the real owner of the land...also, make sure it isn't a renter but the owner.



does that mean that jurrys deer crossed right under the mystery hunter?
 
Live with it. If the landowner says no, they say no. I imagine other situations reversed, and I would hate to think "the law" could force me to allow access to my property for someone I absolutely do not want on my land, regardless of the situation.
 
redblood said:
Coach said:
I want to relate to you what happened to my friend Jerry...we call him Uncle Jurry. The guy has deer hunted for years with very little success (actually he never killed a buck at this point). He was in the woods on his 40 acres that he just bought. Along about 10am a nice buck came through and he shot it...a little far back but what he thought was a double lunger. He tracked the buck, it bled profusely, to a fence...no "posted" signs just a fence. He thought he could see the buck laying about 60 yards on the other side and made the decision to go across the fence...just as he put his leg up a guy said "hold it right there".

Jerry explained the situation and the guy told him you cannot cross...I don't care the situation you can't cross the fence onto my land. He actually said he was sick and tired of trespassers. Well, the guy was in hunting gear and had a rifle so Jerry left and went to the police. (Game warden was in another county) The police went out to the the owners home with Jerry to talk to him. The guy that came to the door and owned the property was not the guy in the woods...not only that, the owner had given nobody permission to hunt his land because simply nobody had asked.

So, my advice is make sure you are talking to the real owner of the land...also, make sure it isn't a renter but the owner.



does that mean that jurrys deer crossed right under the mystery hunter?

Yep, that's what we figured...the mystery hunter recovered the deer and took it.
 
That would be a hard pill to swallow. It's kind of one of those legal versus ethical issues. It's hard to believe that a landowner (especially being a hunter) wouldn't allow a retrieval but you never know the circumstances that may have transpired prior to the event. I'd hate to say what I'd do because I really don't know.
 
Check with TWRA on this, if I am remembering correctly there used to be a regulation of some sort that would allow a hunter to cross a property line to retrieve down game. It was put into place because we as hunters have a moral and ethical responsibility to make our best efforts to retrieve any game animal we shoot. Also it is waste just to let any game lay to waste because of a property line. Now get me wrong I am in no favor of trespassing nor do I condone trespassing. So check to see what rules and regulations cover this.
 
Grill-n-man said:
Check with TWRA on this, if I am remembering correctly there used to be a regulation of some sort that would allow a hunter to cross a property line to retrieve down game. It was put into place because we as hunters have a moral and ethical responsibility to make our best efforts to retrieve any game animal we shoot. Also it is waste just to let any game lay to waste because of a property line. Now get me wrong I am in no favor of trespassing nor do I condone trespassing. So check to see what rules and regulations cover this.

There is no such law. scn has answered this question before, and I can tell you that there is no statute that allows this.

I think it's a fairly rare situation for a landowner to deny access for someone to retrieve game, but it happens, and possibly for good reason.

Hypo: If you had a beautiful track of land with food plots, etc in place, and it was bordered by a 1/2 acre of buck brush, the owner of which allowed everyone at church to hunt. The deer occasionally cross through the buckbrush but largely "live" on your property. Opening day of bow season, there are 3 guys with cross bows sitting on the property line. If you allow them retrieve deer on your property, they will continue doing this. If they know a shot deer will just run onto your property where they can't retrieve it, then the hunting will decrease. I would, without compunction, deny the right to retrieve deer on this property.
 
True story. A guy shot a monster buck that traveled onto a duck refuge. He was not allowed on the refuge until it opened the next year. Unbelievably, he was able to find the deer when the refuge opened and salvaged the antlers and mounted the deer with a new cape. The buck scored about 150. That was a long six months to wait.
 
cash is king! If I shot a 150 I would give 100 bills to retrieve it. wouldnt change every land owners mind but I would try be fore giving up.
 
Would you call the landowner and ask permission if the deer was within sight of the line? If you knew that no one was over there and you could see the deer laying there? What if the deer was merely a few feet across the line....either way, legally it would make no difference.

I think that the only unethical thing would be if the landowner did not allow you to retrieve your deer. Wasting any deer, especially a trophy deer would and should be a crime, imo.
 
I'm not sure about how TN laws are,In Montana, if you cannot talk the landowner into allowing you to get the game, you contact the GW.. And if the GW can not talk the landowner into allowing you to retrieve your animal, the landowner can be charged with wanton waste of a game animal. At that point if the landowner says he will harvest the animal and keep the meat, the GW can ask for his license.. If the landowner does not provide the appropriate license, he can be cited with harvesting a game animal without the proper license. Again, Its up to each state and by the GW. I can understand both sides of the argument from both the hunter and the landowner. But no animal should go to waste because a landowner is rude/ a prick.. Just my .02
 
relocatedduckman said:
I'm not sure about how TN laws are,In Montana, if you cannot talk the landowner into allowing you to get the game, you contact the GW.. And if the GW can not talk the landowner into allowing you to retrieve your animal, the landowner can be charged with wanton waste of a game animal. At that point if the landowner says he will harvest the animal and keep the meat, the GW can ask for his license.. If the landowner does not provide the appropriate license, he can be cited with harvesting a game animal without the proper license. Again, Its up to each state and by the GW. I can understand both sides of the argument from both the hunter and the landowner. But no animal should go to waste because a landowner is rude/ a prick.. Just my .02

there is no wanton waste law in TN other than on WMAs. the landowner can hunt his own place without a license
 
My brother in law shoots a 120 8pt , it runs near property line, not across. A guy comes running across line graps deer and starts dragging. My brother in law yells and stops him. This guy was gonna take the deer. I figure his plan was get deer across line then not let my brother in law get the buck.
 

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