Trespassing and poaching

[agelessssone]

Guy was "squirrel hunting" with a crossbow and trespassing, coming in after dark.

Cops don't seem to care, maybe they'll have to call the sheriff


Too bad the landowners are in their 70's and are afraid of reprisals.
It's a shame we aren't allowed to take permanent action against them.

 

[Wooden Arrow]

if their land is posted -properly-, they don't have to do anything at all except call the G&F folks. no testifying, nothing. just got to have your signs done correctly from what i've been told. "permanent action"...is that like the Final Solution?

 

[agelessssone]

Land has brand new "no trespassing " signs and purple trees every 50 Ft.
A final solution would be acceptable to me....but not my property.
I would hold them til a sheriff or police officer arrested them.

 

[Wooden Arrow]

got lots of folks here that put up shiny new signs, but refuse to sign them or put the required phone contact numbers (i don't want people calling me!) on them. that has to be done before the G&F will do the dirty work for you. anything short of that, they wasted the money they spent on signs...

 

[rem270]

got lots of folks here that put up shiny new signs, but refuse to sign them or put the required phone contact numbers (i don't want people calling me!) on them. that has to be done before the G&F will do the dirty work for you. anything short of that, they wasted the money they spent on signs...

I didn't think any of that was a requirement in TN in order to get a prosecution? I know some states require it but don't believe TN is one of them.

 

[Biggun4214]

If your land is posted with Hunting by Written Permission Only, an officer would be required to walk the entire boundary to be able to testify that the land is properly posted. It's easier to have the landowner or their agent to sign the warrant and come to court to testify. Most landowners will not do that.

 

[agelessssone]

Sign and contact number?
Never heard of that?

 

[hbg1]

Land does not have to be posted or marked.

 

[scn]

Land does not have to be posted or marked.

Maybe.

It is a legal defense for the charge of trespass if you don't have signage at all major points of ingress to your property.

 

[cecil30-30]

I know how you feel. I had/have permission to hunt 120 acre piece of land locked land. The only way to access the property is via a old logging road that crosses about 40 yds of the neighboring property owner. I had been hunting it for about 5 years when the the neighboring property changed hands. New owner said there was no right of way on his deed so therefore he didn't want me trespassing on his property to access the property I was hunting.

The owner lives 2 hrs away and is very elderly. He has owned it since the 60's. He said that road is and has always been the only access road to his property. But like you said. He is so elderly that he doesn't care that he has been blocked out of his own property. It's been about 4 years since that has happened. I touch base with him every now and then to see if it has been resolved. But I always get the same old answer that it has not.

 

[MUP]

I know how you feel. I had/have permission to hunt 120 acre piece of land locked land. The only way to access the property is via a old logging road that crosses about 40 yds of the neighboring property owner. I had been hunting it for about 5 years when the the neighboring property changed hands. New owner said there was no right of way on his deed so therefore he didn't want me trespassing on his property to access the property I was hunting.

The owner lives 2 hrs away and is very elderly. He has owned it since the 60's. He said that road is and has always been the only access road to his property. But like you said. He is so elderly that he doesn't care that he has been blocked out of his own property. It's been about 4 years since that has happened. I touch base with him every now and then to see if it has been resolved. But I always get the same old answer that it has not.

If only he decided to visit his own property and was met by the new landowner telling him he couldn't access his own property. That's probably what it would take to open his eyes, and his mouth to the situation.

 

[Grnwing]

I know how you feel. I had/have permission to hunt 120 acre piece of land locked land. The only way to access the property is via a old logging road that crosses about 40 yds of the neighboring property owner. I had been hunting it for about 5 years when the the neighboring property changed hands. New owner said there was no right of way on his deed so therefore he didn't want me trespassing on his property to access the property I was hunting.

The owner lives 2 hrs away and is very elderly. He has owned it since the 60's. He said that road is and has always been the only access road to his property. But like you said. He is so elderly that he doesn't care that he has been blocked out of his own property. It's been about 4 years since that has happened. I touch base with him every now and then to see if it has been resolved. But I always get the same old answer that it has not.

Pull a copy of the deed to the land your were hunting, the recorded easement would be on the landlocked deed and not necessarily on the property you cross over.

 

[cecil30-30]

Pull a copy of the deed to the land your were hunting, the recorded easement would be on the landlocked deed and not necessarily on the property you cross over.

Can I do that not being the actual land owner? The said road in question looks like An actual logging road. But the owner told me backnin the 50's and 60' it was a county road that connected to another county road. But he said they dropped it a long long time ago. It doesn't shown up on a map.

 

[mike243]

Fences signs and or purple paint and you cross you deserve ticket, no doubt about that

 

[MUP]

Can I do that not being the actual land owner? The said road in question looks like An actual logging road. But the owner told me backnin the 50's and 60' it was a county road that connected to another county road. But he said they dropped it a long long time ago. It doesn't shown up on a map.

Sounds like it might fall under a prescriptive easement.

A prescriptive easement is an easement acquired through open and notorious use of an owner's land which is adverse to the owner's rights, for a continuous and uninterrupted period of years. The period of years required for such an easement is defined by state laws.

 

[jlanecr500]

When the other property changed hands, if there was a right of way on it, it could have been left out of the new deed. Check the land locked piece, it might very well be there.

I have rights to a spring on the neighboring property. It's on my deed but not on his.

 

[volboy]

Can I do that not being the actual land owner? The said road in question looks like An actual logging road. But the owner told me backnin the 50's and 60' it was a county road that connected to another county road. But he said they dropped it a long long time ago. It doesn't shown up on a map.

Yes, it is public information. Go to the county register of deeds. You can see the deeds and info.

 

[PickettSFHunter]

Can I do that not being the actual land owner? The said road in question looks like An actual logging road. But the owner told me backnin the 50's and 60' it was a county road that connected to another county road. But he said they dropped it a long long time ago. It doesn't shown up on a map.

Yes go pull it at the register of deeds. Unfortunately there are a lot of landlocked parcels in this area though with no reference to access in the deed. You oughta check and see though so you will know.

 

[themanpcl]

Guy was "squirrel hunting" with a crossbow and trespassing, coming in after dark.

Cops don't seem to care, maybe they'll have to call the sheriff


Too bad the landowners are in their 70's and are afraid of reprisals.
It's a shame we aren't allowed to take permanent action against them.

same type of issue on my lease...owner doesn't want to prosecute....

 

[Creek]

Guy was "squirrel hunting" with a crossbow

This is the part where I get really concerned.