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is this illegal?

Discussion in 'Questions about Indiana Hunting/Fishing Laws' started by indylandon, Feb 20, 2006.

  1. I was out scouting the other day and found a tree stand, right on the other side of the property line, facing the property I deer hunt on. The stand actually hangs over the fence line. I am the only one hunting that property and was wanting to know if this was legal. Should I get in touch with the C.O. ,or can I even do anything about it. Thanks
     

  2. Is there such a thing as Aerial tresspass? Also if the stand is sitting looking at the property you hunt that would seem to me that if they did shoot something they would have to be tresspassing to find what they just shot. Why would somebody do that:confused:
     
  3. i would say they think they have the right to hunt it and are above the law .like was said if they shoot the deer on your side and try to retrive said deer would be trespassing !:bash: i would leave a note on tree stand if you can with out trespassing your self tell them nicely to remove stand or face it other way :Modified_
     
    Last edited by a moderator: Feb 20, 2006
  4. I ran into this exact thing and we called the CO. His words were something along the lines of. It doesnt matter where the stand faces as long as the tree its attached to isnt on your property. Now if you come up with hard evidence that they are shooting deer on your property then they can do something about it. I know it sucks, and i suggest you nip this in the bud before it happens anymore. Good luck trying to stop this kind of stuff, it seems the grass is always greener on your property. We run into it at least once a year.
     
  5. Tape or tie a note to the stand with a phone number. You never know, the guy that hunts that stand may become one of your best friends. You already have a few things in common. Dont just look at the stand and think this guy is the enemy. Work it out with a smile before october.
     
  6. I always tried to position myself with the tree between me and the deer. And then take a shot when the deer passed the tree. Maybe he is just hiding on your side. Not likely, but maybe.
     
  7. Similiar thing happened to me this year. I was going to my favorite stand well within the family farm I hunt. Climbed all the way up got settled in and then noticed a stand 10ft from mine. About an hour later the guy comes walking across the cut cornfield to his stand. He saw me waiving my arms then turned around and left. I took the stand down and put it on the other side of the fence with a note on it that said "This is private property". Two weeks later I hunted close to the same spot (20yds away) and there was the guys stand right on the boundary facing our woods. I took it as a slap in the face. I drug the stand about 300yds into a thicket and left it. It was a good thing the SOB was not in his stand or we would have been rolling around in the leaves!!!
     
  8. same thing here

    I encountered the same idiot but he also added a NO HUNTING sign under his stand. Opening day I shot a doe in front of him. That pissed him off! On sunday of opening weekend he blew a dieing rabbit call all morning. Pulled my stand didn' t hunt that area rest of season. This summer I'm sure a lighting strike will knock down the tree he sits in. Strange how lighting damaged trees look like a chainsaw was at work!:evilsmile
     
  9. boundary

    Your property line extends vertically by common law. If you can prove that is your actual property line through a proper boundary retracement land survey sealed by a professional land surveyor, then you should be able to show his stand as an encroachment. Depending on the size of your property, you will spend some money on the land survey. Even then, he may dispute your evidence and fight the determination legally. It always will become a legal matter if the dispute continues, land survey or not. A survey will provide you the benefit of the doubt, though.

    Eric
     
  10. He is in the wrong, but he may not know it. I'm with Bocephus on this. Try approaching with kindness first and explain your situation. He may be very apologetic and rectify the situation. If he doesn't, you can always fall back on surveys and calls to the c.o.
     
  11. I had a guy do a similar thing to me. His tree stand was within 3 feet of the property line and faced my ground (cost me $300 to get a survey and find out the stand was on his side after all). His son set in a lawn chair on the outside corner of their property. He was within 1 foot of the corner post and was looking over my property in a 270 degree view. I know they shot deer on me, and even found a gut pile in front of the lawn chair with truck tracks going from the gut pile all along the property line (on my side) to their house. Of course he denied it was him. Nice since I had planted two rows of white pine as a border and he had driven over them the whole way to his house. The story gets better, he decided to sell (thank God) last year. I placed a tripod stand in front of his tree stand so that potential buyers would know I was hunting that area, and I placed No Tresspassing signs on the corner posts, facing his ground. He called me up cussing because I had put those signs up and the corner posts were on his side of the survey pin that I had paid to have put there. I told him I would remove them but then we had a heated discussion about all the things he had done to me. I went back to remove them and found my tripod stand had been pushed over. I called the Sheriff's department and as soon as I mentioned property line they said I needed a survey. When I told them I had that, they continued until I mentioned a deer stand. They quickly then left a message for the CO to call me. That was in October of 2004, still waiting on a call. Even called back a week later and left another message.

    Thanks Whitley County Sheriff's department, money well earned on your part!

    Thankfully the guy moved and things are better, now I can hunt that stand.

    Guess what? I used to donate to the State Troopers, etc. etc, you know the ones that call you. Now I really blast them when they call me asking for donations!
     
  12. The problem with property lines are (especially when you are talking about a few feet) they are subject to interpretation. You can hire one surveyor who says your property line is five feet to the north and your neighbor's surveyor could say it's ten feet to the south. Scott this is no excuse for the CO in your area for not calling you back. Did you leave a msg with the Sheriff's Department or with the District 2 Office? Keep in mind not all Officer's work close with their local Sheriff's Department and it is possible they didn't get the msg. Nothing illegal occurs if a person decides to put his tree stand up facing private property. However, if that individual is caught shooting across the property line he has committed Hunting Without Consent.
     
  13. Almost forgot, high down here was 78 today.:) Caught several Flounder, key west grunts, several red grouper(15-18" size limit 20":banghead3 ) and six black grouper 21 3/4" long (size limit is 22":banghead3 ). Seas and weather is great heading back out again tomorrow.
     
  14. Good for you Scott for pushing the issue! Seems to be a common ocurrence here in lovely Whitley County! I had a serious altercation two years ago, and nothing was done about it......... I was drawn and ready to release on a 12 pointer (150+), when I (and the amazing deer) heard a cell phone ring. The two guys were trespassing, by atleast 150 feet! Needless to say, I missed all of the steps on my tree stand going down. I confronted the two men, and their partners. Then contacted the appropriate law enforcement agencies. Jack Crap happened! Opening day of gun season the same two were in climbers overlooking my field, 2 feet on the other side of the fence. I took a doe at first light for spite and they got down and called each other on their cell phones.........RING, RING, RING!!!!!!!!!!!!! Oh yeah, I can survey- legally...GPS coordinates and all, they were wrong, I was right and the 12 pointer was hit by a car and anhilated the second day of gun season- What a waste! Oh yeah, Good for you DNRLAWMAN! I love saltwater fishing, soak some rays for me!By the way, where are you fishing if you don't mind my asking?
     
    Last edited by a moderator: Feb 21, 2006
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