Deer stand on private property

[Tempest455]

I did not know where to post this, so I thought this section would have some feedback.

I’m closing on some property on Monday. The agent suggested I walk the property before Monday and look it over before closing. I did and noticed a deer stand and some pretty fresh brass near the stand. I called the agent to have them find out if the selling party is leasing or letting someone shoot on the land. If not, I guess I would consider it trespassing on private property.

Just curious if anyone has ever found a stand on their property before and how you handled the situation? First thing after closing, a buddy and I are going to post a bunch of “Posted No Trespassing†signs. Other than that, not sure what else to do.

[Rightwinger]

Post it and remove the stand if you don't want it there. If you will utilize it, laminate or weatherproof a letter and attach it to the stand stating the property is posted and that you will prosecute trespassers.

You might also put a trail camera up next fall in September along the most obvious path to the stand and see if you capture any images of someone.

[Guest 1shot]

If the stand is built in a tree take it apart and remove it if you don't want to use it next year. If it is a portable stand take it and use it yourself next year. All contingent on if the previous owner did not give permission for someone to hunt the land. If no permission was given be sure and place a posted sign on the very tree the stand is in. If you catch someone there next year be sure and prosecute them. The word will get around. A friend of mine has had trouble with people slipping on to his land that is posted and hunting. The dip sticks have even left their climbing stands attached to the trees. He just takes them and either gives them away or sales them. He does not hunt himself but does let his friends and family. Some people just don't care if land is posted. If they can get away with it they will try.

[Guest ADAM]

There is nothing you really can do if you dont catch them. I have had the same problem 3 times. I took all three tree stands down one person came back and asked for his stand. He apologized and didnt realize the property had been sold and that he had hunted there previously, so the still hunts it. For the other two stands i now hunt from a nice gorilla stand, and the other s in my barn.

Hope this helps

[Tempest455]

Thanks for the feedback. Just heard from the agent that he is 99% sure they have not given permission. He said he will confirm by Monday. I will post signs by next week. My overall concern is, I will be walking this property with my kids and don't want anyone shooting on it (unless they are with me) for safety.

[Guest clsutton21]

Depending on what kind of stand....I usually burn it.

[Guest BEARMAN]

Hey Tempest...here's what I do, in addition to the posted signs. Go around the perimeter of your land, and mark the boundary, either with blue surveyors ribbon and,or blue paint blazes on the trees.

Used to mean "hunting by written permission only" and it stands out good too. Then, if and when you catch the bass turds, prosecute the fire outta them.

Like 1shot said..."word will get around"

[DaveS]

Give the person a chance to get his stand back. He may be hunting there with permission and in good faith, and may not know the land has sold. Tons of signs on trees always makes our country drives more scenic. Sadly at times, it's the only answer.

[Alleycat72]

Take the stand. Leave a laminated letter with your contact information. If it's an honest mistake he will contact you and you will know who he is. If not you have a new stand. Your contact info has to be on the no hunting sign, but this lets him know you have it instead of a trespasser.

[xd shooter]

If I'm not mistaken ther only has to be a No Trespassing sign at any normal entrance to be legal. Anyone crossing a fence should know better.

I agree take the stand & leave contact info.

[Tempest455]

This sign might be effective.

[Guest redbarron06]

give me a call, I will come and get it for you.

[Rightwinger]

huh uh, I saw him first (today) LOL

[MCSCOTT]

I agree with taking the stand and leaving the contact info. My first thought actually would be to simply take it so that you would have a good stand if it's one you want, but that doesn't help you find out who it is that's been hunting on your land. If the guy hunting the land were to contact me in that situation I would give him his stand back with the understanding that I would no longer be allowing any hunting on the land.

If it's one that someone has built in a tree, that they wouldn't want back anyway, there are other things I would do that I can't really mention on a public forum because they may or may not be legal.

Definately give him the benifit of the doubt starting out though unless the owners say they have a bad problem with tresspassing. Even if they didn't give permission, he may just not realize the layout of the land, as I've been in a similar situation before myself.

[ttocswob]

I confiscated a tent blind last year on my property, and posted a sign with contact number nearby.

Went back a few months later, the "perp" had returned, and left me the carry bag!

If he only had the nerve to call, with appropriate contrition, I probably would have returned it...

[Smith]

Even if the guy had permission unless it is worded in your purchase it does not transfer. If he had a "contract" then he needs to take it up with the previous owner. I personally wouldn't want people hunting on my land without telling me when they were coming first. I wouldn't want to get shot by someone I didn't know was in a tree. Be careful.

[Alleycat72]

I wouldn't want to get shot by someone I did know was in the tree. That hurts.

[Worriedman]

If I'm not mistaken ther only has to be a No Trespassing sign at any normal entrance to be legal. Anyone crossing a fence should know better.

I agree take the stand & leave contact info.

Here is the legaleeze:

http://www.state.tn.us/twra/pdfs/permission.pdf

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.

Edited January 26, 2010 by Worriedman

[ttocswob]

The above applies only to the "Hunting by written permission only" statute; not to all trespassing situations.

[Worriedman]

The above applies only to the "Hunting by written permission only" statute; not to all trespassing situations.

Trespass offenses. In Tennessee, a person commits criminal trespass “who, knowing the person does not have the owner’s effective consent to do so, enters or remains on property, or a portion thereof.â€T.C.A. § 39-14-405. That person commits aggravated criminal trespass if he or she “intends, knows, or is reckless about whether such person’s presence will cause fear for the safety of another.â€T.C.A. § 39-14-406. “Any person who drives, parks, stands, or otherwise operates a motor vehicle on, through or within a parking area, driving area or roadway located on privately owned property which is provided for use by patrons, customers or employees of business establishments upon such property, or adjoining property or for use otherwise in connection with activities conducted upon such property, or adjoining property, after such person has been requested or ordered to leave the property or to cease doing any of the foregoing actions†is guilty of the offense of trespass by motor vehicle. T.C.A. § 39-14-407.

39-14-405. Criminal trespass. —

(a) A person commits criminal trespass who, knowing the person does not have the owner's effective consent to do so, enters or remains on property, or a portion thereof. Knowledge that the person did not have the owner's effective consent may be inferred where notice against entering or remaining is given by:

(1) Personal communication to the person by the owner or by someone with apparent authority to act for the owner;

(2) Fencing or other enclosure obviously designed to exclude intruders;

(3) Posting reasonably likely to come to the attention of intruders; or

(4) Posting the property, in accordance with the requirements of § 70-4-106((1)((ii).

( It is a defense to prosecution under this section that:

(1) The property was open to the public when the person entered and remained;

(2) The person's conduct did not substantially interfere with the owner's use of the property; and

(3) The person immediately left the premises upon request.

© For purposes of this section, “enter†means intrusion of the entire body.

(d) Criminal trespass is a Class C misdemeanor.

Always looking to learn more. My original thought was that as this started as a question under hunting, and appeared the OP was questioning the applicable laws relative to keeping folks off his recently purchased land to make it safe for him and his children to walk about without fear of being shot, the Chapter 70 standards seemed reasonable as even Criminal Trespass references them as a manner to achieve the ends seemingly desired.

[ttocswob]

OK, thanx for doing the extra research. Didn't mean to sound critical, just typed a quick response and went home. Ever learning, myself!

We've had ongoing problems with trespassers on our property: 4-wheelers and motorcycles, trash dumped, a doe shot from the road, out of season, and about 50 yards from my parent's house. Not good.

[Tempest455]

Update on this:

I’m a little surprised how fast this was taken care of. A buddy and I went to the property to put up “No Hunting” signs. The deer stand was already gone. I had the agent ask the seller about it just last Sat. They indicated no permission had been granted to hunt the property.

So my buddy and I came to a few conclusions: They asked around to some family members about it, no one admitted to it but went and removed the stand. Or, some of the neighbors have seen me coming and going, the agents for sale sign is now gone, the neighbor figured they would remove the stand.

Either way, it’s taken care of. Next hurdle it to get some of the land bush hogged. Looking for a source?

[Retired Navy GMC]

Call 1-800-rent a goat!!

Edited January 28, 2010 by Retired Navy GMC

[Guest Bonedaddy]

Take the stand and leave a laminated letter on the tree to let him know your contact info and that the land has changed ownership. His permission is no longer valid (if he had any). In the state of TN, ALL land is considered posted and must not be trepassed on without "written" permission of the owner. It's a common sense law, all land is owned by somebody and you shouldn't be on it without permission. Leave the letter just to be nice and give him a chance to get his stand back unless you found out he was hunting without permission. If he was, take the thing and do what you want.

[Tempest455]

How often you have to change oil on a goat?