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Thread: shooting rights

  1. #1

    shooting rights

    hi the estate that i stalk on has a large plantation of christmas trees and the deer keep getting in and doing damage to the trees. the trees are a joint venture with another estate but the problem is that the previous owners sold the sporting rights .i have a letter from the from the other estates manager telling me to shoot any deer found in the plantation. i went to see the owners of the sporting rights over this matter but i was refused permmision to shoot any deer in the plantation as the owners son was going to control the deer which he has not done. and every time the estate manager sees any deer he gets on the phone to me and wants me down ther now how do i stand on this issue and what are the implications of being on the land gun in hand. ?

  2. #2
    Pest control/crop protection? Completely different from sport.

    Just an idea.

  3. #3
    It might be worthwhile checking on the actual wording of the reserved 'Sporting Rights'.

    Often they will only cover game - deer are not game and therefore it is possible that they may not be included.

    Should add that if you do find that you are legal to take the deer, ensure that you have full written authority from the land owner(s) and the forestry interests. Maybe even get them to write to the sporting rights holding and inform him of the (lawful) steps they are taking to protect their investment.
    Last edited by Orion; 09-12-2011 at 22:08.

  4. #4
    Even if the sporting rights belong to someone else the land owner or tenant still has the right to control pests and vermin.


  5. #5
    I think we might need to tread carefully in classifying deer along with 'pests' or 'vermin'. In England & Wales the laws that allow landowners to overide sporting rights and control pests and vermin do not AFAIK include deer - Ground Game Acts of 1880 and 1906, Wildlife and Countryside Act 1981, General Licences - I'll stand to be corrected if I've missed something, (maybe a Notice under the Agriculture Act 1947? But I believe this may be more about out of season shooting as per S.7 Deer Act?). Do you have any further references?

    EDIT: I suspect that S.7 Deer Act might actually give a way in as it specifies:

    Damage by deer. [s.7 Deer Act]
    On any cultivated land, pasture or enclosed
    woodland, deer may be shot during the close season
    and a shotgun can be used in certain circumstances
    [see below] in order to prevent damage. This action
    may be taken by the occupier of the land in person
    and with his written permission by:

    Any member of the occupier’s household
    normally resident on the land;

    Any person in ordinary service of the occupier
    of the land;

    Any person having the right to take or kill deer
    on the land;

    Any person acting with written authority of a
    person having that right.

    Subject to that person having:
    Reasonable grounds for believing that deer of
    the same species were causing or had caused
    damage to crops, vegetables, fruit, growing
    timber or any other form of property on the
    land and;

    further damage was likely to be caused and
    was likely to be serious;

    The action was necessary to prevent any such damage

    Depends if the OP can satisfy the criteria of being in the service of the occupier. If not, then it again comes back to who has the 'right' to take the deer doesn't it?
    Last edited by Orion; 09-12-2011 at 23:17.

  6. #6
    Part 1 bills party 2 for the damage they are not allowing to be stopped.. Party 2 will soon get with the programme,

  7. #7
    Quote Originally Posted by Brithunter View Post
    Part 1 bills party 2 for the damage they are not allowing to be stopped.. Party 2 will soon get with the programme,
    Brit spot on

    Discretion assured - call us anytime, free on 0800 689 0857
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  8. #8
    Hi ndt
    you might want to try contacting ">
    Very very helpful.

  9. #9
    They are the owner of the sporting rights and not the land itself so you can be there with a gun so long as you have the land owners permission.

    Sound like you are stuck between a rock and a hard place, if you don't do as the estate managers and land owners ask will they replace you with some one who will? If it was me and I had written permission from the land owner I would be happy too as you are preventing damage to crop. Maybe when they sold the sporting rights there is something in there a clause for instance where for the purposes of crop protection the landowner can get some one in too shoot? I know scottish law allows land occupiers (not necessarily owners) to shoot deer for crop protection regarless of land owners or holders of sporting rights.

    Why don't you give BASC a quick call... Wait wait I'll go get my tin hat...
    Last edited by aliS; 10-12-2011 at 10:34.

  10. #10
    Some good advice from evreybody above.

    I think that as well as having written permission clearly stated with ur name, the estates/foresters should contact the other party and tell him to get finger out or they will be sending u in. In a lot off stalking leases i think it is commom to have a damages clause to be able to be charged for damage to the crop (trees) as well as a fee for actually contoling the deer, so in theory they could charge for ur time (watch that doesn't invalidate ur ins)

    I would also contact ur org (basc, sga ,ngo etc) and get a more informed decision ( no offence to anyone above) and possibly even speak to ur flo/wildlife crime police boy and explain the situation before u even pull the trigger so they are aware of any possible conflict.

    Finally for me personally i never like to step on folks toes or upset people as generaly a small community us shooters, so it might make a difference if the sporting rights holders were local decent folk, but at the same time u get it in the neck frae the forrester and plenty off folk will jist get intae them with no second thoughts. Lke some some said a rock and a hard place, but make sure u cover ur own ar*e legally

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