# Deer ending up on posted property



## bluemac57 (Oct 17, 2009)

Can anyone tell me if you shoot a deer on your property and it ends up going on posted property what the law is ? Can you go after it legally ?
Thanks for any help


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## JustUs4All (Oct 17, 2009)

Not legally without the permission of the owner or holder of the hunting rights.


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## bluemac57 (Oct 17, 2009)

Ok that's what I thought. Never had this problem until The land next door was sold . Thanks for the help


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## Swamp Star (Oct 19, 2009)

I know the law with coon dogs used to be you could go get um. not 100% positive with deer but I always thought if you made a good faith effort to reach the owner and werent able you could still go after it.


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## dawg2 (Oct 19, 2009)

Swamp Star said:


> I know the law with coon dogs used to be you could go get um. not 100% positive with deer but I always thought if you made a good faith effort to reach the owner and werent able you could still go after it.


Actually it doesn't matter what game you are after.  You may not go on someone else's property without their permission.


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## aewhite (Nov 14, 2009)

it would take a real butthead to tell you that you could not go get your deer, but you are suppose to have permission from the land owner. This is where it pays to know your neighbors.


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## Knotwild (Nov 14, 2009)

In S.C. the DNR calls it "wanton waste" if you do not attempt to retrieve game that possibly falls on adjacent property. DNR can issue a ticket. I think they that law is aimed at people who do not make an effort to pick up game birds that are wounded and fall far enough away that it is a pain to get them. Or to get people who simply don't want the animal/bird to count against their limit.

With deer, I think it would pay to be a good neighbor and make an honest attempt to ask permission. After all, that scenario could travel both ways across a property line.


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## ringgoldhunter (Nov 14, 2009)

have 220 acres in houston valley catoosa county see deer in bow season and not gun season what do i need to do


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## repoman34 (Nov 18, 2009)

Whether it's legal or not to go after it, it's always a SAFE practice to try to contact the property owner. If I see somebody decked out in camo with a rifle in hand climbing over my fence, and I don't know what he's up to, I'm probably going to assume that means he's up to no good.....and at that point his day may be about to take a turn for the worst.


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## redneckcamo (Nov 18, 2009)

dawg2 said:


> Actually it doesn't matter what game you are after.  You may not go on someone else's property without their permission.



written permission at that from what I understand !


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## Wilkman (Nov 18, 2009)

I believe and correct me if I am wrong fair chase says you can cross the property line after a shot animal but.without your weapon.


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## tbrown913 (Nov 18, 2009)

i thought gadnr put that change in the rules a few years ago where if you are tracking a wounded animal, you can cross property lines to retrieve the animal?  could have sworn that was put in about 5 or 6 years ago.  but, look for yourself, dont take my word!


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## cathooker (Nov 18, 2009)

ringgoldhunter said:


> have 220 acres in houston valley catoosa county see deer in bow season and not gun season what do i need to do


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## JustUs4All (Nov 18, 2009)

Wilkman said:


> I believe and correct me if I am wrong fair chase says you can cross the property line after a shot animal but.without your weapon.





tbrown913 said:


> i thought gadnr put that change in the rules a few years ago where if you are tracking a wounded animal, you can cross property lines to retrieve the animal?  could have sworn that was put in about 5 or 6 years ago.  but, look for yourself, dont take my word!



Nope and even if they did, DNR regulations would not trump the well settled law.


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## huntfish (Nov 18, 2009)

Knotwild said:


> In S.C. the DNR calls it "wanton waste" if you do not attempt to retrieve game that possibly falls on adjacent property. DNR can issue a ticket. I think they that law is aimed at people who do not make an effort to pick up game birds that are wounded and fall far enough away that it is a pain to get them. Or to get people who simply don't want the animal/bird to count against their limit.
> 
> With deer, I think it would pay to be a good neighbor and make an honest attempt to ask permission. After all, that scenario could travel both ways across a property line.



Nope, If you asked for permission and was denied.   No ticket will be issued.   Wanton waste laws are in all states regulations.  It applies to not attempting to retrieve game animals.   Asking for permission and being denied covers that.


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## Knotwild (Nov 18, 2009)

huntfish said:


> Nope, If you asked for permission and was denied.   No ticket will be issued.   Wanton waste laws are in all states regulations.  It applies to not attempting to retrieve game animals.   Asking for permission and being denied covers that.



Thanks. That is good to know. My only experience involved ducks falling on a managed plantation that I worked on. The conscientious hunters either asked permission or if we werent't around, left their guns in the boat when retrieving the game. 

I guess it pays to know your neighbor.


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## irocz2u (Nov 18, 2009)

if you  can  trakeit  by  the  blood  treal  go  git  it  but leave  the  gun  on your  side of the line


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## JustUs4All (Nov 18, 2009)

irocz2u said:


> if you  can  trakeit  by  the  blood  treal  go  git  it  but leave  the  gun  on your  side of the line



You would still be hunting and therefore could be charged by GW or property owner if they wished to do so.  It is far better to know your neighbors and get this taken care of beforehand.


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## whitworth (Nov 19, 2009)

*That's how*

they keep poor shooters away from property lines.


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## Paddle (Nov 24, 2009)

Before hunting season I talked with adjoining neighbors and swapped phone numbers. That way we could call one another if a deer crossed a property line. I also told them that depending on where the deer crossed and if someone was down there that they might could come on our side to make the recovery easier. They agreed to let us do the same.

 It is better to talk to them before you need something, it puts everything at ease.


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## germag (Nov 24, 2009)

irocz2u said:


> if you  can  trakeit  by  the  blood  treal  go  git  it  but leave  the  gun  on your  side of the line



Bad spelling, but even worse advice.


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## Steve Thompson (Nov 24, 2009)

Leaving your gun at the property line is key!!


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## JustUs4All (Nov 24, 2009)

Sorry, but if you are trailing a deer you are hunting and must have permission.


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## bfriendly (Nov 24, 2009)

> I believe and correct me if I am wrong fair chase says you can cross the property line after a shot animal but.without your weapon.



That was Common Sense Wilkman.........that stuff ended along time ago.......now its politics and if one law dont get ya another one will


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## wildlands (Nov 25, 2009)

Paddle said:


> Before hunting season I talked with adjoining neighbors and swapped phone numbers. That way we could call one another if a deer crossed a property line. I also told them that depending on where the deer crossed and if someone was down there that they might could come on our side to make the recovery easier. They agreed to let us do the same.
> 
> It is better to talk to them before you need something, it puts everything at ease.



This is the best advise given in this thread. Each year I run into property line issues tracking for people. We would be able to recover more deer if hunters would just follow this simple idea. Most every county has a tax assessors web site that you can look up land owners. 

Ken


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## olchevy (Nov 25, 2009)

Wilkman said:


> I believe and correct me if I am wrong fair chase says you can cross the property line after a shot animal but.without your weapon.



Thats what i was told you could go get it but without your rifle,pistol,bow,whatever it may be.


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## olchevy (Nov 25, 2009)

huntfish said:


> Nope, If you asked for permission and was denied.   No ticket will be issued.   Wanton waste laws are in all states regulations.  It applies to not attempting to retrieve game animals.   Asking for permission and being denied covers that.


would the ticket then go to the owners of the property?


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## germag (Nov 25, 2009)

olchevy said:


> Thats what i was told you could go get it but without your rifle,pistol,bow,whatever it may be.



You were told wrong. Even if you can see it laying there, you are not supposed to go get it without the landowners permission.


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## germag (Nov 25, 2009)

olchevy said:


> would the ticket then go to the owners of the property?



Of course not. The property owner didn't shoot the animal, and had nothing to do with it. He has no obligation whatsoever to recover anything. 

The thing to understand is that the landowner _owns_ the land. He has the ultimate say and absolute last word on who can or cannot go on his property and for what purpose, with the exception of law enforcement and emergency personnel under certain conditions. The DNR cannot give you permission to enter someone else's private property, nor can they require that the landowner allow you access to their property.


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## JustUs4All (Nov 25, 2009)

In Georgia:
(A) You may walk onto unposted property (open fields) without permission unless: (1) you are there with the intent to do an unlawful act, or (2) you have been previously warned not to enter the property.
(B) You may not walk onto posted property without permission.
(C) You may not hunt property without permission, whether posted or not. Searching for and recovering previously shot game is hunting.

A and B are trespass violations and C is a hunting without permission violation as well as a trespass.

A game warden's authority does not allow him to void laws.  Technically, if a GW assists you in going onto the posted property of another to retrieve game he has  committed a criminal trespass himself as he is entering for an unlawful purpose.

It is always best to talk this over with your neighbors beforehand.


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## germag (Nov 25, 2009)

_BuckMaster_ said:


> Blah blah blah call the owner .... And fetch yo deer



Blah, blah, blah, blah.....keen grasp of the obvious there.  

You need to know who the owner is first.  Most people don't even know that much.


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## TurkeyManiac (Nov 25, 2009)

You people are funny. It's always the same stuff.....
No you cannot enter another persons property w/o specific permission. Bla, bla, no gun, bla, bla, with game warden, bla, bla, blood trail, bla, bla...
NOT ALLOWED TO ENTER W/O PERMISSION!
I thread like this gets posted every couple weeks. Take 2 seconds and "search" stuff like this here before starting a thread.


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## germag (Nov 25, 2009)

TurkeyManiac said:


> You people are funny. It's always the same stuff.....
> No you cannot enter another persons property w/o specific permission. Bla, bla, no gun, bla, bla, with game warden, bla, bla, blood trail, bla, bla...
> NOT ALLOWED TO ENTER W/O PERMISSION!
> I thread like this gets posted every couple weeks. Take 2 seconds and "search" stuff like this here before starting a thread.



Yep. I can recall at least a half dozen threads like this just recently. Same questions, same answers, same arguments.


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## Twenty five ought six (Nov 26, 2009)

germag said:


> Yep. I can recall at least a half dozen threads like this just recently. Same questions, same answers, same arguments.



It's like whistling past the graveyard in the dark.

If enough people tell each other that it's so, then it must be so.

After all they found it on the internet.


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