# trespassing laws



## collardvalleydeerhunter (Sep 28, 2007)

was scouting today on privet land and found 2 deer stands on it . the land is not mine and the owner didn't  no what to do . the stands have locks on them . can we cut the locks and remove them without getting in trouble ????????????


----------



## jklaus (Sep 28, 2007)

sure we go to other clubs and do it all the timE.  just jokinG


----------



## chinquapin (Sep 28, 2007)

How would you get in trouble?  If they don't have permission and it's not their land I don't see how you could get in trouble.  Their the ones in violation of anything.  Just how I see it.


----------



## biggtruxx (Sep 28, 2007)

that blows  we had the same thing happen a couple years ago they came in and cut trails about 6' wide with a chainsaw.... we left notes on their stands and left them their until the next weekend...... they were gone that next saturday morning


----------



## Gunner308 (Sep 28, 2007)

If I was you I would cut the stands down and leave a note saying to pick the satnds up come to the property owners house. If they show up he can give them a fair warning by telling them that next time he'll press charges. If they dont show up within 30 days then you have got yourself 2 new stands. Btw the property doesnt have to be posted to get them for poaching and criminal tresspassing as long as the property owner goes to the courthouse and signs an affidavit. If there isnt an affidavit signed and the Game warden comes in he cant do anything but slap them on the wrist unless he can get in topuch with the home owner and gets his permission to prosecute.


----------



## collardvalleydeerhunter (Sep 28, 2007)

might try cutting them down and leave a note . be nice to end up with a summit and a new tree lounge tree stand . and they used a 4 wheeler to get to the stands , the trail lead to the road . if not for the trail i would have never found them .


----------



## skeeterbit (Sep 28, 2007)

Oh yea cut the lock and take them down! and I would leave a note!


----------



## RackNBeardOutdoors (Sep 28, 2007)

Be careful and watch your stuff, I did that on some property in McDonough, and the Jack@@@'@ stole my climber stand, and shot through the woods, claimed he didn't know I was back there, never got my stand back either


----------



## doates (Sep 28, 2007)

i would have aquired me some nice stands.


----------



## reylamb (Sep 28, 2007)

Call the sherrif and have him come pick up the stands......then leave a note telling the unwelcomed visitors to go claim the stands at the sherrif's office.


----------



## Larry Rooks (Sep 29, 2007)

There is NO trouble for you to get in.  They are the ones that are breaking the law.  But atleast they donated two stands for your troubles.  Cut the locks, carry the stands out and secure them somewhere and leave them a note as to where they can pick em up.  Chances are they will not show up to claim em


----------



## Rebel 3 (Sep 29, 2007)

I am sure the DNR ranger in your county would love to know about this.  Contact him or her, fill out an affidavit and let "HIM" catch the hunters.  Mandatory minimum fine of $500 in GA for hunting without permission plus anything else the ranger finds them doing wrong.  If you mess with the stands or leave a note you can just about forget about the hunters getting cuaght.


----------



## Hammack (Sep 29, 2007)

If the stands are indeed on the wrong land then there is nothing you can get in trouble for doing to them.   I generally tend to give the people the benefit of the doubt.  I would cut the locks, take the stands and leave a note saying to contact you to arrange a pick up.  It could just as easily be a case of the hunters unknowingly crossing the land line.  If they contact you, then you know it was, if they don't then keep the stands, and I'd bet they won't show back up.


----------



## jason4445 (Sep 30, 2007)

If someone else's property is on your property, legally or illegally, that does not make it your property.  It can become your property once you make a concerted effort to find the owners of the property and make attempts to return the property to them, but are unable to do this.  Mostly this is done by calling in law enforcement, turning the property over to them, and then after a period of time,  (usually 30 days but can be 6 months in some instances) and proof you have tried to locate the owners, (Like advertised it in the local newspaper) you can petition the court to make you the owner of the property. 

Important - besides the owner of the property, land or chattel, the only other (thing) institution that can make someone else's property yours is a court.  You walk down the street and there is a watch on the sidewalk. You find it and wear it, later the owner of the watch sees you wearing it and they can call the police have the watch taken into evidence and have you arrested for theft of lost or found property.  When a cop I arrested more than one on this charge.

Of course, is anyone comes forth and claims the property is theirs, then you can have them arrested for trespassing. 

Also with trespassing, you don't have to post the land, put up signs, you don't have to register at the courthouse, or do anything.  Once someone steps one foot on land that is not owned by them or do not have written permission to be on, they have committed trespassing.

Another little interesting bit about trespassing.  If someone trespasses on your property and falls down a old well that should have been sealed up and you never did it.  The person that trespassed can sue you for having a dangerous  obstacle on your property that caused him harm and damages, even if he was on your property illegally


----------



## Son (Sep 30, 2007)

*trespassing?*

Catchy stuff for sure, but they just keep warning em around here.


----------



## Twenty five ought six (Sep 30, 2007)

> Once someone steps one foot on land that is not owned by them or do not have written permission to be on, they have committed trespassing.



But it's not a crime unless they are hunting or fishing.


----------



## Wishin I was Fishin (Sep 30, 2007)

its your land. you aughta just cut it down and stick up a note that says 'no trespassing' where it was IMO


----------



## Rebel 3 (Sep 30, 2007)

It is tresspassing if they go on the land.  If they are hunting, fishing, or trapping then it is hunting, fishing, or trapping without permission.  In a situation involving tresspassing the local authorities usually handle that.  A warning is usually issued and then they can be cited if cuaght again.  If they damage the property they can be cited the first time.  Conservation Rangers usually handle hutning, fishing, and trapping without permission.  No warning has to be issued for permission cases.  They can be prosucuted outright.  Hope this helps.


----------



## jason4445 (Oct 1, 2007)

"But it's not a crime unless they are hunting or fishing."

No - No - No.  Once you step one foot onto land that is not public or legally yours or with written permission for any reason or no reason at all, you have committed trespass.  

Then there is Criminal trespass where you go onto someone else's land to do harm to that land.  Like take away fish and game, wildlife, to steal, to vandalize, etc.


----------



## DoeMaster (Oct 1, 2007)

*Re: Trespassing Laws*

I'd take the stands and leave a note telling the owners who to contact about getting them back.  It may just be a misunderstanding concerning the property lines.  I've had this happen to me.  My climber was 50 yds on my property when the landowner next door took it.  He left me a note and I contacted him.  We discovered that he misunderstood the property line and we were able to work things out.  I got my stand back and we maintained a good relationship.  I believe if the persons were intentionally trespassing, they wouldn't leave their stands locked to a tree.  I bet it's some sort of misunderstanding.


----------



## hevishot (Oct 1, 2007)

no brainer....take the stands.


----------



## Twenty five ought six (Oct 1, 2007)

> No - No - No. Once you step one foot onto land that is not public or legally yours or with written permission for any reason or no reason at all, you have committed trespass.



Yes, you have committed a trespass.  But there is no _crime _of "simple trespass" in Georgia.  You can only be charged with with trespass after you have been given notice to stay off the property, usually with a form letter called a "trespass notice".


----------



## gadeerwoman (Oct 1, 2007)

hmmm, some of the responses sound like the voice of experience.


----------



## Lowjack (Oct 1, 2007)

had one Stand that was in my property, I never saw anyone in it, because I hunted weekends.
The Guy would remove the climbing sticks and leave the stand there.
Then I caught sight of someone sitting on it on a Wednesday and I confront the guy when he got off, he said he had being hunting there for 10 years and no one has told him not to, a real wise guy.
Rather than get into an argument all by myself I waited till he left and cut the tree down together with the stand which fell on top of the aluminum stand, this is the only tree in that area that could hold a stand, I chopped the tree in 6 8 foot sections and had it totally removed.
I guess he got the message, I did get the sheriff to take a report just in case.


----------



## chinquapin (Oct 1, 2007)

Lowjack that's hilarious good for you!  Gotta hate a wise guy.


----------



## dixie (Oct 1, 2007)

cut the cables, take the stands and leave a note with your name and phone #, if they want the stands back to call you


----------



## Rebel 3 (Oct 2, 2007)

Go #2 in the seat of his stand.


----------



## whitworth (Oct 3, 2007)

*Before long*

they'll have trespass detectors that pick up the id of the computer chip they'll put in your head.

Once they get a readout, they'll know where to come to confiscate you and all your deer hunting weapons and treestands


----------



## DYI hunting (Oct 3, 2007)

Just remember you don't know who you are dealing with and what they may do.  You take the stands down and they might come looking for you in the woods or steal your stands.  I would at least get word to the DNR ranger or sherrif and ask them if you can remove the stands and make a official report about the trespassing.


----------



## biggsteve (Apr 28, 2009)

call a cop.  get a paper trail.  they might come back & burn your house down.  don't get involved.  remember, they're trespassers with guns!  let the law men do their jobs.  and...don't set any booby traps.  if they get hurt, you'll be the one sued, and sent to jail!  just call a cop.  make a report.  period.


----------



## aewhite (Apr 28, 2009)

all I can say is that if I was purposefully trespassing on someone elses land I would not leave a 4wheeler trail going to my stand nor would I leave my stand


----------



## Ga-Bullet (Apr 28, 2009)

I'd say Their Long Gone. This Post is From 2007.


----------



## polaris30144 (Apr 29, 2009)

Wow....a two year old post and people are giving advice like it was current......The problem probably has been resolved by now.


----------



## scoop069 (Apr 29, 2009)

Rebel 3 said:


> Go #2 in the seat of his stand.


----------



## T_Fish (Apr 30, 2009)

his land, his trees,   his stands if he wants them, on my land if i find one its mines, no ? ask,, if i see someone on my land , which is posted,
the local sheriff, gives them a lil piece of paper, that makes them very sad,,


----------



## HDDyna06 (May 6, 2009)

Currently in the legal loop as I type this. LAW- You as the lease holder do not have prosecution rights for trespass or anything else unless the land owner has provided you w/ an extension of their rights in writing. I have a lease where the local community has destroyed my food plots recently planted, tore down the gates,  spiked the roads, and I even got their picutures on game cameras. DNR will not / cannot execute their authority unless you report a poaching violation and they are in possesion of harvest. Trespass prosecution must come through Sheriffs department.  Be careful as the LEASE holder and get a extension of the owners rights. Paper companies are less favorable to prosecute due to fires being started and destroying their timber.

Contact me if you want to discuss. I have learned the hard way over the last 2 weeks.

Good Luck


----------



## riskyb (Jun 9, 2009)

leave it up to our legal system to make something so simple so difficult and not only that but your fault if the person or persons get hurt for being somewhere they had no business being in the first place


----------



## tdot527 (Jun 28, 2009)

leave the stand cut the tree


----------



## easbell (Jun 28, 2009)

HDDyna06 said:


> Currently in the legal loop as I type this. LAW- You as the lease holder do not have prosecution rights for trespass or anything else unless the land owner has provided you w/ an extension of their rights in writing. I have a lease where the local community has destroyed my food plots recently planted, tore down the gates,  spiked the roads, and I even got their picutures on game cameras. DNR will not / cannot execute their authority unless you report a poaching violation and they are in possesion of harvest. Trespass prosecution must come through Sheriffs department.  Be careful as the LEASE holder and get a extension of the owners rights. Paper companies are less favorable to prosecute due to fires being started and destroying their timber.
> 
> Contact me if you want to discuss. I have learned the hard way over the last 2 weeks.
> 
> Good Luck



Sounds like he is interfering with your right under the Georgia Constitution to hunt. 
If you know who he and can prove he did it, take the sheriff and go have a talk with him or take him to small claims court for damages.


----------

