dead pheasants and boundaries !!

cervushunter

Well-Known Member
Hi all,

I'm pretty sure that I know the answer for sure But ! If a couple of other more informed persons could confirm that would be good...


A landowner that I manage the deer numbers for takes out a few guns around his ground 3-4 times a season (they pay for the day)
one gun recently dropped a pheasant into the neighbours ground and the landowner jumped the fence to collect it (no gun or dog), the neighbours teenage daughter came out and was not happy about it !! Daddy came home from his day out down the road on a 500 bird day ! and promptly appeared at my landowners house telling him that he was never to enter his property again or he will be shot !!!!!!!!



I'm pretty sure you are not allowed to shoot your neighbours for picking up a dead bird but my landowner thinks he has a legal right to collect it , I told him its not so in regards to deer that's for sure and therefore not for game either.


A couple of posts to confirm this and I will send him the link to look at for himself.


Ps the landowner has actually done several favours for his relatively new neighbour and was in no way rude or arrogant when he went in to pick up the bird from what he has said.

Regards Mark
 

Nelson

Well-Known Member
I was always under the impression you were permitted to retrieve game if it is shot on your land but falls over the boundary.
 

Woodsmoke

Well-Known Member
Daddy came home from his day out down the road on a 500 bird day ! and promptly appeared at my landowners house telling him that he was never to enter his property again or he will be shot !!!!!!!!
My first instinct would've been to tell this bellend to immediately wind his neck right in or the police would be informed of his threats.................
 

McKenzie

Well-Known Member
I suspect that there may also be slightly different answers to the pheasant issue depending on whether you are in England or Scotland, but there won't be geographical differences in the authorities response to threatening to shoot someone!
 

JabaliHunter

Well-Known Member
My first instinct would've been to tell this bellend to immediately wind his neck right in or the police would be informed of his threats.................
+1, but he should not have entered the property without prior permission (civil trespass I think, criminal trespass with a firearm).
 

Woodsmoke

Well-Known Member
OP stated his friend crossed the boundary sans dog & gun though. Even with Englands trespass laws, you can't prosecute for trespass alone, there would have to be proof of damage (so I believe anyway. I'm sure if I'm wrong someone will let us know). I'm pretty certain the police would be more concerned with the threat to shoot someone though. Even if the guy was full of **** and wind, he sounds like a complete knob :eek:
 

AN DU RU FOX

Well-Known Member
its a welfare issue first and foremost ,to ensure the quarry whatever it may be deer rabbit hare fox pheasant etc, is either dead or despatched humanely and as quickly as possible, as long as your not ARMED , doug,
 
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palmer_mike

Well-Known Member
its a welfare issue first and foremost ,to ensure the quarry whatever it may be deer rabbit hare fox pheasant etc, is either dead or despatched humanely and as quickly as possible, as long as your not armed , doug,
Better hope the pheasant was dead, cos if he went onto neighbours land despatched it and took it away is deffo poaching.
 

AN DU RU FOX

Well-Known Member
i wouldn,t worry about being brought up on it ,if all your doing is giving the animal/bird last rights or retreaving it,plus wittnesses there as well ,i do it and will carry on doing it as long as in my mind at the end of the day nothings left suffering,
 

ELMER FUDD

Well-Known Member
If you shoot something and it falls/runs onto someone else's land, you still have no legal right to enter that land without prior permission even to follow up wounded game. That comes under the entering private land without permission to ensure dead or not suffering reason, or lawful authority or reasonable excuse which could be used in your defence if taken to court.
You also have no right to remove anything either alive or dead as it would now legally belong to that land owner and you would be guilty of armed trespass in pursuit of game and theft of the carcass. It would then be up to the magistrate to decide if your excuse was reasonable or not but your biggest problem I believe may come from the Police who may want to use it against you as you would have to disclose it if you were acquitted or not when your renewal came around.
 

dan71

Well-Known Member
If you shoot a bird and it lands over the boundry you are free to pick it up. With no gun or dog.
 

rick6point5

Well-Known Member
I have a perm with a neighbor who refuses to let me on his land, He lives miles away and would never, know but being a polite chap, i figured ask permission first, however despite numerous discussions inc the issue's of welfare etc he says no.. he is not so much a k**b.. more a c***s*&%$** m*&%*& f&*%&*......
 

ELMER FUDD

Well-Known Member
If you run over a deer/pheasant or any animal, you are not allowed to remove it legally as it would belong to the road owner, and its exactly the same if you shoot something and it falls on someone else's land. Different rules apply if you were not the person to run a pheasant down but deer would still remain the property of the landowner, council etc.
Years ago the ranger from the f.c advised me that if I shoot a deer and it runs into their woods then I was legally obliged to contact the f.c and inform them that there was a deer which needed their attention as it was now on their property.
Wild animals don't belong to anybody whilst alive but immediately belong to the landowner where they are the moment they are dead, reared animals belong to the rearer but again belong to the landowner where they expired.

Quite simply, is it worth risking your certificate for the sake of a pheasant especially as there are neighbouring landowners out there who would take great delight in taking you to court and see you lose everything.
 

bewsher500

Well-Known Member
i am stunned people think it is their right to enter land they have no permission to enter to retrieve game which due to location and current state of death belongs to the landowner who has not given you permission!

come on guys.
you have an obligation to know the law, not read the internet advice of other people

You have NO right of access or right to the game. NONE

Ask permission and don't take the **** there after
Don't shoot things that are likely to land on someone else's property.
 

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