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Thread: Poaching or legal poser

  1. #1

    Poaching or legal poser

    Farmer Joe wants to control deer in his field. Easiest and safest answer is high seat. Site is selected, Now the foot of the leanto is in the field but the tree it leans against is in the forest leased to someone else. Farmer Joe is sitting over his own field but tecnically the back "Leg" of his highseat is in the nieghbours territory. Is the deer he shoots legal or poached?

  2. #2
    not sure about the legality of shooting deer from it, but hasn't he trespassed on the neighbouring property by leaning the seat over the boundary?

  3. #3
    Surely the sensible approach is to make a self standing high-seat at the same location if this is deemed as the best site for it?

  4. #4
    Quote Originally Posted by jamross65 View Post
    Surely the sensible approach is to make a self standing high-seat at the same location if this is deemed as the best site for it?
    +1 Saves any agro.

  5. #5
    Where did you get that one from Jimbo? From what you describe the stalker and his rifle are within his own boundary all be it that his weight is being supported by the seat some of which is outwith. In reality and thinking about the construction of a high seat I would think that with the seat leaning against the tree which is over the boundary so would he be. Either way the deer that are to be shot are on his property so I would think that poaching would not come into it at all although very technically trespass with a firearm may.

    You have plenty of wood at the back of your shed so stop being mean and as Jamross65 says make up a free standing seat.

  6. #6
    i personally would think that he would be sat on his own ground with said rifle unless he is perched into neighbours ground. i would think he could be potentially done for damage of other property ie the tree if the seat marked the tree in any way but as others have said put up a free stander so its not an issue,atb wayne

  7. #7
    Account Suspended
    Join Date
    Jul 2010
    Bonnie Scotland
    I can't see any problem with the arrangement (here in Scotland).... provided the neighbour has not asked him to remove himself and his gear from land that doesn't belong to him and also provided that no damage has been done to said neighbour's property.

    The recently enacted "access rights" do not extend to hunting activity but I can't see that that's a problem. Though, curiously I would reckon that our Scottish "trespass" laws (designed to prevent anything other than temporary encampment) might actually be applicable. However, they would only be applicable in the sense that erecting a structure of anything other than temporary nature would be the problem. "Armed trespass" is, I believe, more of an English issue and hardly applicable in this case, anyway.

    So, it's all down to the neighbour.... If the neighbour says "hoi, ger offa moi la-an' " the games up.

    No clear poaching issue at all though.

  8. #8
    If some one put up a high seat on a tree belonging to me on the boundry and never asked i would not be a happy bunny as i would think they were takeing the pee quit a lot.They may also find that when they next come to use said seat that it is no longer fixed to the tree!!!!.
    "a man does good business when he rids himself of a turd"

  9. #9
    Why not ask the nieghbour if its a problem if so you will have to remove it . You might also be able to ask the nieghbour if it is ok to recover any deer that might run onto his ground if the need occurs . Could save an awkward conversation at a later date.

  10. #10
    Is the tree not half his as 50% of the roots would be on his land, but there again becomes another problem as the roots may be deep enough to belong to the person who owns the mineral right, this may be a third party unknown to the other two party's, also who owns the air space into which the bullet is moving is it the tenant or
    Land owner, or would it be just easier to ask the neighbor if it's ok.

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