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Re: Hey Bhamfred...GW question
[Re: Cynical]
#2253191
10/10/17 12:02 PM
10/10/17 12:02 PM
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Joined: Jan 2015
Posts: 3,542
Spanish Fort
ozarktroutbum
10 point
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10 point
Joined: Jan 2015
Posts: 3,542
Spanish Fort
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I assume for trespassing? Do I even have the right to pursue that since I only lease the property I hunt? Its the same as renting a house.. Someone breaks in, you have the right to pursue charges No, his first instincts were correct. The landowner would have to pursue the Trespassing unless he has been designated as the property caretaker by the landowner. Criminal Mischief though is a different matter. Do a report with the Sheriff's Dept. first. If you decide to sign a warrant, you have a year from the date of occurrence. I thought that when you sign a lease, whether it be for a house, hunting property or whatever that you become the caretaker of the property  not trying to debate you because your LEO, just seeking clarification A lease just gives you access to hunt on the land. A separate letter from the landowner, unless it is designated in the lease is needed to make you the "caretaker". I know this because two of our neighbors got into a spat and this is how the GW handled it. This is different than if you lease a home as your domicile. Different standards apply between your rented home, which is still your "castle" legally, and land that you lease to hunt on. This is not right. A lease is an interest in land. A license (which many landowners use to give hunting rights) is a personal right to be on property for some approved purpose but does not give an interest in the land. You can sue in civil court based on a leasehold interest, and you have the right to pursue criminal trespass or other property crime claims. I think what he's trying to say is that a "hunting lease" in most instances is actually a "license" to hunt the property. Think about it...most of the time the hunters only have hunting rights. They can't do anything else with the land; they can't exclude the landowner from going on to the land, and are generally not liable to third parties (let's says some bozo gets injured riding their 4 wheeler on the land; most cases the hunters wouldn't be liable but the landowner would)
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