Texas Hunting Forum

Trespass question...

Posted By: pyledriver

Trespass question... - 02/23/05 02:46 PM

A friend of mine tells me that land that is not fenced and not posted with signs is ok to hunt on... I'm thinking that it's still private land and to do so would be to trespass!

Who's right? I have a call in to TPWD but thought I'd post here in case the answer might be quicker!

Randy

Posted By: Bradbury

Re: Trespass question... - 02/23/05 02:48 PM

I am thinking not.

Posted By: pyledriver

Re: Trespass question... - 02/23/05 02:51 PM

'Not' as in, it's not ok or it's not trespassing?

Thanks!

Randy

Posted By: Bradbury

Re: Trespass question... - 02/23/05 02:56 PM

My bad...Not as in it is not ok......best to have permission...there are several areas of open pasture that are unfenced that are in fact owned by an individual....so better to have permission..unless it is corp land and thus it would be marked in some way....

Posted By: kyotee1

Re: Trespass question... - 02/23/05 02:58 PM

Pyledriver,
You're absolutely correct! Regardless, if you DO NOT have permission to be on that piece of property, then you are trespassing. When a game warden checks you on a parcel of land, they will ask if you have permission to be on that property and regardless if you say yes, they WILL check with the landowner. It will then be his/her right to pursue legal action.

Look at it this way, if your home is in the country and it's NOT fenced or posted, does that give ANYONE the right to come on your property where your home is and sit in the yard, shooting doves, ducks, geese, deer, etc.? NO

I asked the same question to a friend of mine that was trespassing on some neighboring property to hunt deer. He told me that it wasn't "POSTED" and therefore, was able to hunt it. Then I posed the question to him about someone coming into his milo fields and hunting doves (which were thick as flies on a carcass), he replied, No, because I didn't give them permission!

Please advise your friend that he is entirely wrong on his thinking and could end up with a stiff fine if not in jail if carrying a firearm.

Posted By: pyledriver

Re: Trespass question... - 02/23/05 03:09 PM

I definitely will! I also didn't want to get in trouble over someone else's interpretation of the law...no judge would excuse that for sure!

Thanks for the input!!

Randy

Posted By: duckchick

Re: Trespass question... - 02/23/05 06:20 PM

Quote:

A friend of mine tells me that land that is not fenced and not posted with signs is ok to hunt on... I'm thinking that it's still private land and to do so would be to trespass!

Who's right? I have a call in to TPWD but thought I'd post here in case the answer might be quicker!

Randy




WELL IF SOME ONE COMES ON MY LAND TO HUNT JUST BECAUSE IT DOESN'T SAY 'NO TRESPASSING'! THERE IS GOING TO BE SOME A$$ KICKING GOING ON!!

AND THIS IS KINDA OFF TOPIC...BUT I'M TIERED OF THE DAMN OIL WELL TRASH!! OUR PLACE IS HIGH FENECED AND TWO YEARS AGO WE HAD A NICE 14PT WITH DROP-TINES, SAW THAT DEER EVERY DAY!! BUT ON DAY HE DIDN'T COME UP TO EAT AT FEEDING TIME,THOUGHT WELL MAYBE HE'S OFF DOING 'DEER THINGS',...1WEEK GOES BY...2WEEKS...3WEEKS...A WHOLE DEER SEASON. POINT IS I'M SURE SOME OIL WELL TRASH HAS A GOOD 180 CLASS 12PT WITH DROP-TINES HAGGING IN HIS TRAILER HOUSE!!

Posted By: sandman

Re: Trespass question... - 02/23/05 07:45 PM

One more sort of new thing to keep an eye out for is the purple painted fencepost tops or tree trunks. That now serves the same purpose as a posted sign.

Posted By: redchevy

Re: Trespass question... - 02/23/05 08:10 PM

This is just my rule of thumb, "if it aint yours then stay off".(unles you have permision)

Posted By: kyotee1

Re: Trespass question... - 02/23/05 08:28 PM

Redchevy...you said a WHOLE lot in just a few words!! Thanks bud!

It's hard trying to purchase a piece of property because you want somewhere to go and not be hassled with/by anyone else only to find someone of THOSE folks has already been there once you have it and seem to never leave or at least their trash/garbage. Do the right thing, prosecute a poacher, thief, trespasser, etc. and have fun doing it.

Posted By: Crazyhorse

Re: Trespass question... - 02/24/05 12:47 AM

Ah, yes, your friendly local pumper, or the roust-a-bout crew that comes in to service the wells. I am not sure that they do, but I think the King Ranch got a handle on that one. Now I have never been on there, but once you get past Kingville headed south, every gate has a guard house at it and it looks like you have to sign in and out, and they probably know just exactly how long it takes to check the wells and tank batteries. Course, not everybody can afford that kind of set up. What I have seen some folks do though, is go to the producer, and hire on or make a deal to be the pumper of the wells on their land. Just a thought.

Posted By: Sundial

Re: Trespass question... - 02/24/05 01:15 AM

Quote:

Quote:

A friend of mine tells me that land that is not fenced and not posted with signs is ok to hunt on... I'm thinking that it's still private land and to do so would be to trespass!

Who's right? I have a call in to TPWD but thought I'd post here in case the answer might be quicker!

Randy




WELL IF SOME ONE COMES ON MY LAND TO HUNT JUST BECAUSE IT DOESN'T SAY 'NO TRESPASSING'! THERE IS GOING TO BE SOME A$$ KICKING GOING ON!!

AND THIS IS KINDA OFF TOPIC...BUT I'M TIERED OF THE DAMN OIL WELL TRASH!! OUR PLACE IS HIGH FENECED AND TWO YEARS AGO WE HAD A NICE 14PT WITH DROP-TINES, SAW THAT DEER EVERY DAY!! BUT ON DAY HE DIDN'T COME UP TO EAT AT FEEDING TIME,THOUGHT WELL MAYBE HE'S OFF DOING 'DEER THINGS',...1WEEK GOES BY...2WEEKS...3WEEKS...A WHOLE DEER SEASON. POINT IS I'M SURE SOME OIL WELL TRASH HAS A GOOD 180 CLASS 12PT WITH DROP-TINES HAGGING IN HIS TRAILER HOUSE!!




That deer went from 14 to 12 points...

Posted By: Crazyhorse

Re: Trespass question... - 02/24/05 01:21 AM

Hey, Thats a heap sight better than if it went from 14 to 21, now ain't it.

Posted By: duckchick

Re: Trespass question... - 02/24/05 02:57 AM

SORRY!!! MY-BAD!!! HE WAS A 14PT. NOT A 12PT!(BOLOND MOMENT)

Posted By: OFBHWG

Re: Trespass question... - 02/25/05 03:25 AM

pd tell your friend that if it aint his and he dont have permission its wrong. you dont have to talk to anyone there is no justification ITS WRONG it dosent matter what the law says or how you can spin the situation. IF IT AINT YOURS AND YOU DONT HAVE PERMISSION ITS WRONG.

Posted By: pyledriver

Re: Trespass question... - 02/25/05 03:36 AM

Thanks for the replies! I did get the 'official word' and it is illegal to hunt, fish, shoot, or use somebody's land without permission whether it's fenced or not. I do have to admit to fishing some places that weren't fenced when I knew I shouldn't be there! I was younger then and kinda hoped nobody would come down too hard on a kid with a fishin' pole!

I'm so 'by the book' now though that it would give me fits to even consider something like that! I guess that's what happens when we get older and wiser...ok, just older!

Posted By: Crazyhorse

Re: Trespass question... - 02/25/05 10:52 AM

Getting older and wiser, means you have reached that point when you realize how many times you came close to doing an extended stay at the counties expense, or were being talked about in hushed sorrowful tones. I think all of us, especially, those that have reached Giezer-dom look back at how we managed to reach this point with out dying or going to prison, and decide to calm down a little.

Posted By: Streater

Re: Trespass question... - 02/26/05 07:31 PM

Anyone who has ever been peppered with salt shot would advise against it. According to the law, ignorance is no excuse. On the other hand, the warden at one of the leases I was on a few years ago, told us to post signs and paint some fence posts purple because it was hard to make a case to the DA if the land isn't posted.

Posted By: DPD25

Re: Trespass question... - 03/01/05 12:54 PM

CHC,

This is waaay off topic but.....every time I read your little Navajo legend, I fall out of my chair laughing!

Posted By: Crazyhorse

Re: Trespass question... - 03/01/05 03:56 PM

I will stray from the topic, and explain the signature. Since Lora and I do a lot of long distance trips on a regular basis, and it gets hard to find a good radio station a lot of times, we listen to books on tape. One series of books that I have really gotten fond of, are the Navajo detective series, written by Tony Hillerman. The main reson why Lora and I like them, is that when we go up to Colorado on our late season cow elk hunts, we spend the night in either Albuquerque or Gallup. Then we head on up to Collbran, by going that way, we cross a big chunk of the Navajo Indian Reservation in western New Mexico, and have even went over thru Monument Valley where The Searchers was filmed. If you have ever watched the movie She Wore A Yellow Ribbon, we have been up to and looked in the cabin that was used for the interior shots of John Wayne's quarters. Well in one of the last tapes that we were listening to, that quotation was made about the dog, and I nearly wrecked the explorer. What is really neat, a large portion of the places Hillerman mentions, are real places that we have driven past. On our way back from Collbran, we make it a point to stop at a place between Shiprock and Farmington, that is the oldest operating sheep slaughter station in the southwest, and we buy lamb to take home, and I always get a pound or so of cooked lamb ribs. I love them but they are to strong tasting and greasy for Lora.

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