Landowner concerns about liability

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trdtnlbwhntr
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Landowner concerns about liability

Unread postby trdtnlbwhntr » Fri Apr 12, 2013 1:51 pm

I received a phone call today that I have been expecting for a while. The first place I got permission to hunt nearly 7 years ago when I moved to this part of the state has changed hands. When the grandfather died it was handed to his kids. They all have kids of their own that think they want to hunt, and or think they are gods gift to the whitetail world. For the first 5 years I worked hard at making sure people knew they were not permitted on the land. It took a while since the mentality was, "an old man owns it, he isnt from around here, we can do as we want." After the first 2 years the word was getting out. I put up cable gates at the entrances, my own money, when they got cut several times, one right after another the replacements came out o my pocket. I had custom gates built to fit the entrances between trees, so that they couldn't be driven around. Finally, it was starting to be "my place." The farmer and I became friends and the relationship was going well.

Fast forward to 2 years ago. The grandsons want to start hunting. OK, I would expect a little common courtesy after all I have done. One of them was nothing but questions. He wanted to learn a little, but he more so wanted me to put him in a spot so he could kill a deer, any deer, and get back home with the meat. NO PROBLEM. More than happy to help. The second one was a bit different, from day one we butted heads. He has never killed a deer, but instantly came on the place and trying to run the show. After all I had done to clean it up, I never felt he respected me the way maybe I thought he should. I guess thats what you get sometimes.

Now leap forward to today. I get a rambling email about the aunts setting up the property in an LLC, and that one of the aunts was an anti-hunter and the others were very concerned about liability law suits if I were to get injured. They basically want to get rid of me. This is an email from grandson number 2 so I kind of ignore it, because for the last two years I have been booted and reinstated MULTIPLE times. I don't get too worked about him getting all bent out of shape then calling a week later apologizing and trying to set new ground rules. About 2 hours after I got the email I got a call from his mother. She informed me that their attorney had informed that they should not allow any hunting whatsoever on the property because anybody hurt on the property could sue them. I tried to convince her that was not true, Indiana has passed a law protecting property owners from such things, but she didn't really seem to believe me. She said they were going to keep the hunting out except for family. She apologized and said sorry for the inconvenience and basically left it at that. Her overall major concern was the attorney's word that she could be sued and held liable for injury.

I guess my question is how to combat that, if a trespasser were to get hurt they could sue just the same. With the platt book showing owners in another county the trespassing will begin in big fashion again. Do you guys think a letter with the law and information about my ability to monitor the property because of my proximity and being able to carry my own insurance would be worth it? How can I get her to see this attorney is a city-boy whack-o?


DropTyne
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Re: Landowner concerns about liability

Unread postby DropTyne » Fri Apr 12, 2013 2:10 pm

I don't think it was really an attorney at all. Sounds to me they thought that was the easiest way to boot you without telling you directly that the one kid doesn't want you to hunt the property. More or less I believe the son pressured her to use that as an excuse to not let you hunt anymore.

With that said I don't think that showing the aunt specific legal docs showing you cannot "sue" will help you at all. I would instead explain your relationship with the original land owner,the farmer, and your genuine dedication to keeping the property in good shape, picking up litter, keeping out trespassers, and even investing your own money and time to have gates installed. Ask her again if removing you from the property is really something she wants to do, if she says "yes your done hunting", kindly ask to remove your gate, locks and other improvements you have done to the property, once you have your stuff back meander down to the closest watering hole and spread the word to all the local hillbillies that so and so's property is open for business again........

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Crazinamatese
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Re: Landowner concerns about liability

Unread postby Crazinamatese » Fri Apr 12, 2013 2:25 pm

Screw em', I would find other lands to hunt. not worth the trouble IMO. My family's farm in the past had alot of mutual agreements with other farmers who were our neighbors on hunting access and we respected each other's turf. Usually no questions asked, just go about your business and respect the land. Those old farmers died off over the years and their kids and grandkids took over, and they put a stop to anyone entering their grandfather's land, and some of them became complete (bad word) about it. Funny what deer antlers causes people to do.
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Re: Landowner concerns about liability

Unread postby MOBIGBUCKS » Fri Apr 12, 2013 3:32 pm

I hate to say it, but I'd move on man. It just isn't worth it. I was recently in a similar situation with another guy on a property. He and I had a difference of opinion on how to hunt deer....Basically, he knows I scout and expects me to put him on a good buck every year. Our differences have caught up and he has a tighter relation with the owner of the property. Guess who's out?? Me.

I'm looking at other places and scouting more public than ever. Thanks to the beast there isn't anyplace I can't successfully hunt whitetails.

I hope it works out for you. Good Luck
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Re: Landowner concerns about liability

Unread postby Southern Man » Sat Apr 13, 2013 12:41 am

If they don't want you there, you won't change their mind. Move on. If you don't own it, you'll never have control of it.
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goldtip5575
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Re: Landowner concerns about liability

Unread postby goldtip5575 » Sat Apr 13, 2013 1:48 am

[tab=30]
Crazinamatese wrote:Screw em', I would find other lands to hunt. not worth the trouble IMO. My family's farm in the past had alot of mutual agreements with other farmers who were our neighbors on hunting access and we respected each other's turf. Usually no questions asked, just go about your business and respect the land. Those old farmers died off over the years and their kids and grandkids took over, and they put a stop to anyone entering their grandfather's land, and some of them became complete (bad word) about it. Funny what deer antlers causes people to do.

Sorry to tell you that I am one of those @@@@@@@@ you are referring to.If you were to inherit some land don't tell me you would be any different.Why as a hunter would I want just anyone walking all over my property ruining my hunting experience.Sorry but I don't owe anybodys grandkids anything.Besides that no one around us who my grandfather used to let hunt ever granted me permission on there property.Seems that old farmer respect only goes so far .
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Re: Landowner concerns about liability

Unread postby Uncle Lou » Sat Apr 13, 2013 3:23 am

I would move on. Sounds like your good thing has ended, it happens to us all in life. Hopefully the next door opens
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Re: Landowner concerns about liability

Unread postby Schubox1265 » Sat Apr 13, 2013 3:45 am

As much as it sucks, I am in the 'Move On Camp'
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Re: Landowner concerns about liability

Unread postby dan » Sat Apr 13, 2013 4:22 am

I would move on... I would also send them a nice gift and thank them for the times you had on the property, and tell them how much your friendship with the deceased old land owner meant to you...
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Re: Landowner concerns about liability

Unread postby Stanley » Sat Apr 13, 2013 4:40 am

When you hunt for any amount of time you will lose hunting spots (private). I don't hunt any of the spots (private) I hunted 20 years ago. You learn to move on. Like Dan said hunting someones property is a privilege you enjoyed. So thank them kindly and look for another place to hunt.
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Re: Landowner concerns about liability

Unread postby Crazinamatese » Sat Apr 13, 2013 5:01 am

goldtip5575 wrote:[tab=30]
Crazinamatese wrote:Screw em', I would find other lands to hunt. not worth the trouble IMO. My family's farm in the past had alot of mutual agreements with other farmers who were our neighbors on hunting access and we respected each other's turf. Usually no questions asked, just go about your business and respect the land. Those old farmers died off over the years and their kids and grandkids took over, and they put a stop to anyone entering their grandfather's land, and some of them became complete (bad word) about it. Funny what deer antlers causes people to do.

Sorry to tell you that I am one of those @@@@@@@@ you are referring to.If you were to inherit some land don't tell me you would be any different.Why as a hunter would I want just anyone walking all over my property ruining my hunting experience.Sorry but I don't owe anybodys grandkids anything.Besides that no one around us who my grandfather used to let hunt ever granted me permission on there property.Seems that old farmer respect only goes so far .
Last edited by Crazinamatese on Sat Apr 13, 2013 5:42 am, edited 2 times in total.
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goldtip5575
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Re: Landowner concerns about liability

Unread postby goldtip5575 » Sat Apr 13, 2013 5:40 am

[tab=30]
Crazinamatese wrote:
goldtip5575 wrote:[tab=30]
Crazinamatese wrote:Screw em', I would find other lands to hunt. not worth the trouble IMO. My family's farm in the past had alot of mutual agreements with other farmers who were our neighbors on hunting access and we respected each other's turf. Usually no questions asked, just go about your business and respect the land. Those old farmers died off over the years and their kids and grandkids took over, and they put a stop to anyone entering their grandfather's land, and some of them became complete (bad word) about it. Funny what deer antlers causes people to do.

Sorry to tell you that I am one of those @@@@@@@@ you are referring to.If you were to inherit some land don't tell me you would be any different.Why as a hunter would I want just anyone walking all over my property ruining my hunting experience.Sorry but I don't owe anybodys grandkids anything.Besides that no one around us who my grandfather used to let hunt ever granted me permission on there property.Seems that old farmer respect only goes so far .


Well like wise, stay off of my land too then.

You have figured out that we are not neighbors just similar circumstances correct...I just think its no class to tell someone what to do with THEIR property.....
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Re: Landowner concerns about liability

Unread postby Crazinamatese » Sat Apr 13, 2013 5:43 am

It wasn't like we were "galavanting" into the neighbor's land whenever we wanted. We had our on land to hunt. We knew when they hunted, and they knew when we hunted. If a wounded animal were to run into each other's land, it wasn't a big deal to track and recover than animal. Heck, the neighbor was even happy to help in the recovery. This is from my experiences during a different time in the early 90's as a young new hunter. Usually, the night before opening day, some of the old neighbors would come over to our camp and have a few beers around a fire and BS'ing, having a good time. Our camp would ask if was ok to drive their land on Thanksgiving, and they would ask the same, and everything was ok and everyone was happy. Fast forward to 2007, when my step brother shot and wounded a doe that happened to run into the neighbor's land owned by a grandchild now after his grandfather died in the late 90's. Permission to recover was denied. Other neighboring properties got inherited from their uncles and fathers and much of the same began to happen. That is fine I guess. They pay the taxes on it, they do not have to let anyone on it. Im not here to tell anyone what to do with their land. Im just saying that mutual respect and open friendly communication that once existed seized to exist.
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Re: Landowner concerns about liability

Unread postby Southern Man » Sat Apr 13, 2013 8:42 am

Crazinamatese wrote:It wasn't like we were "galavanting" into the neighbor's land whenever we wanted. We had our on land to hunt. We knew when they hunted, and they knew when we hunted. If a wounded animal were to run into each other's land, it wasn't a big deal to track and recover than animal. Heck, the neighbor was even happy to help in the recovery. This is from my experiences during a different time in the early 90's as a young new hunter. Usually, the night before opening day, some of the old neighbors would come over to our camp and have a few beers around a fire and BS'ing, having a good time. Our camp would ask if was ok to drive their land on Thanksgiving, and they would ask the same, and everything was ok and everyone was happy. Fast forward to 2007, when my step brother shot and wounded a doe that happened to run into the neighbor's land owned by a grandchild now after his grandfather died in the late 90's. Permission to recover was denied. Other neighboring properties got inherited from their uncles and fathers and much of the same began to happen. That is fine I guess. They pay the taxes on it, they do not have to let anyone on it. Im not here to tell anyone what to do with their land. Im just saying that mutual respect and open friendly communication that once existed seized to exist.


It ain't what it used to be is it?

Hunting is suppose to be fun and enjoyable. I have no time to put up with some of the crap. I'll go where I can find it.
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Re: Landowner concerns about liability

Unread postby Bucky » Tue Apr 16, 2013 11:56 am

All you can do is move on.... sucks! But, sometimes you just happen to find something even better... I now have multiple private properties to hunt and I continue to look for new ones every year (for that same situation - happens all the time) Only other option you have is to make the sacrafice and purchase some. Until then, we are all only one hunt away from our last on private ground that is not owned by u.

It will make you a better hunter FYI to move onto differing properties... hills, marsh, farm land, plains, suburban deer all behave a little differently. Dust yourself off and go find another "good" spot
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