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09-11-2012, 12:21 PM
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Join Date: May 2007
Location: Spruce Grove
Posts: 1,498
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Removing trespassers' treestand?
Need some advice on whether I can legally do this:
Got a call from landowner today asking if I'd put up a stand on his property yet. Told him that I hadn't and probably wouldn't til the weekend. He told me he found one on his property yesterday and he hadn't granted permission to anyone else yet. He asked me to take it down and leave a note for the person to give me a call if he/she wanted their stand back and a quick lesson on trespass law at the same time. Told him I'm out of town til Thursday but could do it that evening. The landowner is curious to find out the identity of the person or if they will even contact me.
Thoughts??
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09-11-2012, 12:24 PM
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Join Date: May 2007
Location: Uh, guess? :)
Posts: 26,739
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Strange that the landowner wants the trespasser to contact YOU and not him. Also, I can see some rationale for the landowner holding on to the trespassers tree stand. Not sure about you. I'd rather not get myself involved in that one....
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09-11-2012, 12:29 PM
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Join Date: Dec 2009
Location: Calgary
Posts: 1,481
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Yeah, it's his property, he should take it down, unless medically he has problems and asking your help.
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09-11-2012, 12:31 PM
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Join Date: Mar 2008
Location: Calgary
Posts: 1,133
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that's an issue for the landowner unless you have permission to act on his behalf. there could be some legal concequences for the guy/gal who placed the stand.
good luck...
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09-11-2012, 12:32 PM
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Join Date: Dec 2007
Location: Fort Saskatchewan
Posts: 3,698
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Quote:
Originally Posted by Okotokian
Strange that the landowner wants the trespasser to contact YOU and not him. Also, I can see some rationale for the landowner holding on to the trespassers tree stand. Not sure about you. I'd rather not get myself involved in that one....
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Probably because PD fish is larger than the average moose. You should just leave a life size cut out of yourself, I'm sure he would never come back. Lol
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09-11-2012, 12:34 PM
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Banned
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Join Date: Dec 2009
Location: Copperhead Road, Morinville
Posts: 19,289
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If you take it down he'd probably turn around and take yours. I'd leave a note on his treestand letting him know that he's trespassing and the landowner wants him gone. That way he gets a warning and can take the stand down himself and vacate the area. No hard feelings and you have no worries that way.
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09-11-2012, 12:48 PM
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Join Date: Dec 2009
Posts: 10,274
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Quote:
Originally Posted by newguy
that's an issue for the landowner unless you have permission to act on his behalf. there could be some legal concequences for the guy/gal who placed the stand.
good luck...
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Legal consequences; Tresspassing, littering, and Poaching....
Sounds like the Landowner gave the OP permission to act as his Agent in this issue. All legal like. 
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09-11-2012, 12:50 PM
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Join Date: May 2007
Location: Spruce Grove
Posts: 1,498
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Quote:
Originally Posted by buckbrushoutdoors
Probably because PD fish is larger than the average moose. You should just leave a life size cut out of yourself, I'm sure he would never come back. Lol
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Hahaha!! That's good. Landowner just called me back, found out who it is. Apparently, the person renting the land for his crops gave permission to this person. I figured it was probably something along these lines, usually is. Anyway, got his name and #, gonna give him a call to figure out how we can both hunt without tripping over one another
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09-11-2012, 12:51 PM
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Join Date: Oct 2007
Location: In the 400's
Posts: 6,581
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Quote:
Originally Posted by walking buffalo
Legal consequences; Tresspassing, littering, and Poaching....
Sounds like the Landowner gave the OP permission to act as his Agent in this issue. All legal like. |
X2.
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How to start an argument online:
1. Express an opinion
2. Wait ....
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09-11-2012, 12:59 PM
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Join Date: Dec 2010
Location: Look behind you :)
Posts: 27,793
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Quote:
Originally Posted by pdfish
Hahaha!! That's good. Landowner just called me back, found out who it is. Apparently, the person renting the land for his crops gave permission to this person. I figured it was probably something along these lines, usually is. Anyway, got his name and #, gonna give him a call to figure out how we can both hunt without tripping over one another
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I have seen this same scenario play out before....the renter of the land grants permission to folks to hunt that the land owner is unaware of...might be something to work into remtal agreements...
Good on you for wanting to work with the other guy and finding a compromise.
LC
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09-11-2012, 01:02 PM
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Join Date: Jun 2008
Posts: 10,209
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If negotiations fail, and things go south, please take pictures and post on AO.
We need to see those sorts of events.
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09-11-2012, 02:59 PM
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Join Date: Feb 2011
Location: Central Alberta
Posts: 594
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Same thing happened in my hunting area last year and is happening again this year. Another stand has been placed, there are no renters and it is a definite trespass. I am the only one with permission in this sweet area. I told the landowner today. Whomever did it last year lost a stand and may lose one again this year...depends if the landowner has time to take it down. He knows where it is and is not impressed. Totally rude, how hard to ask for permission?? Then we could talk (if the person gets granted permission...not looking good at this rate) and stay out of each others way. Sigh...I hope I run into this "mysterious" person (who has a white truck and thinks they are tricky cause they park it on the other side of the road...which is also no trespassing and the field entrance owned by the landowner on the tree stand side of the road). The nerve of some.....
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09-11-2012, 03:20 PM
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Join Date: Jan 2011
Location: Edmonton
Posts: 397
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My solution is a Husky with an 18" bar........................... whoops
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APOS licensed since 2000
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09-11-2012, 03:50 PM
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Join Date: Dec 2008
Location: Camrose
Posts: 45,420
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Quote:
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Hahaha!! That's good. Landowner just called me back, found out who it is. Apparently, the person renting the land for his crops gave permission to this person.
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This is the kind of thing that needs to be mentioned when land is rented out. If the landowner cares who is using his land, he needs to include conditions in the rental agreement.
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Only accurate guns are interesting.
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09-11-2012, 04:03 PM
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Banned
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Join Date: Aug 2012
Posts: 161
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Quote:
Originally Posted by pdfish
Hahaha!! That's good. Landowner just called me back, found out who it is. Apparently, the person renting the land for his crops gave permission to this person. I figured it was probably something along these lines, usually is. Anyway, got his name and #, gonna give him a call to figure out how we can both hunt without tripping over one another
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Props from Big Daddy on a good attitude and making an effort to cooperate. We need more hunters like this in the field. Good on you Sir.
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09-11-2012, 04:36 PM
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Join Date: Jul 2009
Location: Vermilion ab
Posts: 2,289
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Quote:
Originally Posted by pdfish
Hahaha!! That's good. Landowner just called me back, found out who it is. Apparently, the person renting the land for his crops gave permission to this person. I figured it was probably something along these lines, usually is. Anyway, got his name and #, gonna give him a call to figure out how we can both hunt without tripping over one another
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That's a better way to deal with it , this comes up often goose shoots . The renter and landowner giving2 party's permission. After reading your initial thread I was thinking the average trespasser would not go thru the trouble of clear brush and setting up a stand. I figured some one had a wrong LSD or had permission from someone.
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Bring on the Anarchy already !
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09-11-2012, 05:00 PM
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Join Date: Apr 2009
Location: edmonton
Posts: 3,116
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You had me worried, I just set up a stand on an agricultural lease where the owner declined to provide contact information. I do have permission from SRD since I cant contact the lease owner.
Just a thought on removing the tree stand. You could be charged with theft under $5000 and/or criminal mischief if the stand is damaged even though it is on your property.
Good job for trying to work it out with the other hunter.
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" Everything in life that I enjoy is either illegal, immoral, fattening or causes cancer!"
"The problem was this little thing called the government and laws."
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09-11-2012, 05:38 PM
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Join Date: Dec 2008
Location: Camrose
Posts: 45,420
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Quote:
Just a thought on removing the tree stand. You could be charged with theft under $5000 and/or criminal mischief if the stand is damaged even though it is on your property.
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You won't be charged with a crime for simply removing it from the tree, and leaving it on the ground with a warning letter. If some disassembly is required to remove the stand from the tree, it still won't be a crime.
And if you relocated to another part of your property, and left a letter at the tree, with a contact number to call to retreive the stand, it wouldn't be easy to get a prosector to lay charges.
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09-11-2012, 06:03 PM
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Banned
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Join Date: Feb 2009
Posts: 12,078
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Quote:
Originally Posted by super7mag
That's a better way to deal with it , this comes up often goose shoots . The renter and landowner giving2 party's permission. After reading your initial thread I was thinking the average trespasser would not go thru the trouble of clear brush and setting up a stand. I figured some one had a wrong LSD or had permission from someone.
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Any renter who permits shooting on any of my property is shown the door.
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09-11-2012, 06:37 PM
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Join Date: Dec 2007
Posts: 2,051
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Quote:
Originally Posted by RapStaff
My solution is a Husky with an 18" bar........................... whoops
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Yep you guys wonder why guides get such a hard time. Because many of you have attitudes like this.
To the orginal poster kudo's for dealing like you did. Karma will shine down on you with a great animal
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09-11-2012, 07:54 PM
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Join Date: May 2007
Location: wmu 222, member #197
Posts: 4,907
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Quote:
Originally Posted by BigDaddysToys
Props from Big Daddy on a good attitude and making an effort to cooperate. We need more hunters like this in the field. Good on you Sir.
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first thing i thot too!
thumbs up!
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09-11-2012, 08:04 PM
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Banned
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Join Date: Feb 2010
Location: Calgary
Posts: 381
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Quote:
Originally Posted by ghostguy6
You had me worried, I just set up a stand on an agricultural lease where the owner declined to provide contact information. I do have permission from SRD since I cant contact the lease owner.
Just a thought on removing the tree stand. You could be charged with theft under $5000 and/or criminal mischief if the stand is damaged even though it is on your property.
Good job for trying to work it out with the other hunter.
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Id like to see the day that happened ha...
My land, My Stand
Prove it was yours. I cant help i have the same stand on MY personal Property. Which how would you even know i have that stand Since YOUR not allowed on MY property Without MY PERMISSION.
That theft charge Would/Could NEVER be laid. And if it had it would be thrown out in court..
Same as leaving a trail cam in the bush. Not much they can do if some A-Hole steals it. Look into the law a little more.
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09-11-2012, 08:18 PM
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Join Date: Oct 2010
Location: west central alberta
Posts: 26
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Quote:
Originally Posted by icefisher11
Id like to see the day that happened ha...
My land, My Stand
Prove it was yours. I cant help i have the same stand on MY personal Property. Which how would you even know i have that stand Since YOUR not allowed on MY property Without MY PERMISSION.
That theft charge Would/Could NEVER be laid. And if it had it would be thrown out in court..
Same as leaving a trail cam in the bush. Not much they can do if some A-Hole steals it. Look into the law a little more.
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Spoken like a Boss!
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Bad day of hunting better than a good day of working?
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09-11-2012, 08:29 PM
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Join Date: Dec 2008
Location: Camrose
Posts: 45,420
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Quote:
Id like to see the day that happened ha...
My land, My Stand
Prove it was yours. I cant help i have the same stand on MY personal Property. Which how would you even know i have that stand Since YOUR not allowed on MY property Without MY PERMISSION.
That theft charge Would/Could NEVER be laid. And if it had it would be thrown out in court..
Same as leaving a trail cam in the bush. Not much they can do if some A-Hole steals it. Look into the law a little more.
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If you found a treestand on your own property and took it, or threw it away , you would very likely never face any charges.
However, if you took someone's trailcam or treestand from public property, and were seen by someone, or were photographed by another unseen trailcam, you certainly could be charged with theft, and quite likely be convicted.
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Only accurate guns are interesting.
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09-11-2012, 08:31 PM
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Join Date: Sep 2009
Location: Stony Plain, 248
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Spoken like a boss... but I think he missed the part about "lease".
I'm not an expert by any stretch; but I'm assuming he meant some sort of government owned (public) lease??? Which would make sense in the scenario mentioned?
The owner is not the "owner" literally - he is the occupier, renter, or leasholder. One would logically think if he then failed to at least provide contact information - the government would be entitled to give permission - as at the end of the day, it's public land. No different than the oilfield...
Just my thoughts, but I'd say icefisher11 either misunderstood, or maybe spoke to soon - like a boss of course. lol
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09-11-2012, 08:34 PM
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Join Date: Oct 2010
Location: west central alberta
Posts: 26
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Quote:
Originally Posted by curtisb
Spoken like a boss... but I think he missed the part about "lease".
I'm not an expert by any stretch; but I'm assuming he meant some sort of government owned (public) lease??? Which would make sense in the scenario mentioned?
The owner is not the "owner" literally - he is the occupier, renter, or leasholder. One would logically think if he then failed to at least provide contact information - the government would be entitled to give permission - as at the end of the day, it's public land. No different than the oilfield...
Just my thoughts, but I'd say icefisher11 either misunderstood, or maybe spoke to soon - like a boss of course. lol
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The original thread says land owner, not lease holder
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Bad day of hunting better than a good day of working?
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09-11-2012, 08:41 PM
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Join Date: Sep 2009
Location: Stony Plain, 248
Posts: 441
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Quote:
Originally Posted by partimehunter
The original thread says land owner, not lease holder
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My bad; you quoted icefisher, who had previously quoted, and got all over ghostguy...(and was in the wrong the way he did it - I guess like a boss if he would have followed on the O.P.)
I guess a misunderstanding on my part. I didn't know you were talking about the O.P.
IMO ghostguy is right, leased land, permission provided by the government (especially in the event he can't get ahold of the leaseholder); the hell with the leaseholder - you're on public land at the end of the day.
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09-11-2012, 08:45 PM
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Join Date: Oct 2010
Location: west central alberta
Posts: 26
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Quote:
Originally Posted by curtisb
My bad; you quoted icefisher, who had previously quoted, and got all over ghostguy...(and was in the wrong the way he did it - I guess like a boss if he would have followed on the O.P.)
I guess a misunderstanding on my part. I didn't know you were talking about the O.P.
IMO ghostguy is right, leased land, permission provided by the government (especially in the event he can't get ahold of the leaseholder); the hell with the leaseholder - you're on public land at the end of the day.
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Yea i meant about the tresspasser on the private land not the lease land, sorry
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Bad day of hunting better than a good day of working?
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09-11-2012, 08:55 PM
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Banned
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Join Date: Feb 2010
Location: Calgary
Posts: 381
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I wasnt all over Ghost guy. I was just stating my opinion. Sorry it came off so strong to you..
And also i was referring to the OP. which he stated that HE was the Owner. No where it said Lease.
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09-11-2012, 08:57 PM
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Banned
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Join Date: Feb 2010
Location: Calgary
Posts: 381
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Quote:
Originally Posted by elkhunter11
If you found a treestand on your own property and took it, or threw it away , you would very likely never face any charges.
However, if you took someone's trailcam or treestand from public property, and were seen by someone, or were photographed by another unseen trailcam, you certainly could be charged with theft, and quite likely be convicted.
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I agree Completely. I was just Gettin at the scenario If No one Sees it No proof no witness No crime.
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