Land owner rights question?

[freewheat]

So I got drawn for elk this year, and have been scouting etc. on my land to see where to set up. My game cam was stolen yesterday.

What rights do I have to set up and flatten some tires etc.? I am sick and tired of the idiots who think my land is theirs, and drive through crops and kill game on my land despite posting signage, let alone stealing what is mine.

Upside down harrows? Baler belts with shingle nails? Is there anything legal to do if posted no trespassing?

I am going to assume nothing can be done legally?

[MBgrower]

Nothing illegal about forgetting to pickup an overturned harrow section on one's property.

Just remember to mount a 'coded' sign so you dont end up in your own trap.

[food4u]

And our much touted trespassing laws DO NOT apply to hunters, what a load of _ _ _ _ that is.They are the most abusers of private property, especially rifle hunters in November...

[Guest]

Especiallly when roads and fields are mud . What a bunch of pricks . To bad we couldnt find their lots in the city and rut their lawns up . I was thinking of putting signs up saying there is harrows hidden upside down in places

[makar]

As i know it the upside down harrow thing sets you up for a lawsuit, its malice, dont do it.

[Partners]

Laws are weird.like beware of dog signs..means you know your dog could be dangerous.
Some people just have to play in the mud.dirt roads that are used by farmers only.get rutted after rain with young guys big trucks.
Put up a sign..possible land mines.

[burnt]

Why do you not post No Trespassing signs on your land? Wouldn't any trespasser who damages their vehicle on your property be subject to the fines stated in the Trespass to Premises Act, and thus reluctant to come after you?

Alberta - [URL="http://www.qp.alberta.ca/documents/acts/t07.pdf"]http://www.qp.alberta.ca/documents/acts/t07.pdf[/URL]

Sask. - [URL="http://www.qp.alberta.ca/documents/acts/t07.pdf"]http://www.qp.alberta.ca/documents/acts/t07.pdf[/URL]

Harrows left upside down are extremely effective. That's all I'm sayin'...

Had a neighbour whose mailbox was located at the end of his driveway where the shoulder was nice'n' smooth'n' level.

Some local yokel thought it was great fun to drive over it with his truck, but the neighbour could never figure out who was doing it.

So he got a steel bar and drove it into the ground right beside his mailbox post leaving just the right height sticking out.

A bit later he went out to get the mail and his mailbox was knocked over again. But it was the last time it happened because there was a trail of fluids down the road....

Now, that's illegal, but there's only one guy who knew he did it and is he going to complain, LOL?

[sumdumguy]

Post a sign, "Deer Contaminated by Vomitoxin".

[AlbertaFarmer5]

I have a solution. Please post my phone number on your no trespassing signs. I'll gladly accept all the hunters I can get. I'm so sick of the deer and moose damage, and being totally helpless to do anything about it. I have no trouble with hunters. All call and ask first, tell me when and where, and ask if they can drive/ walk/snowshoe etc. Wildlife doesn't belong to me, even if I do pay dearly to feed them.

[sumdumguy]

Very little wildlife here, doesn't bother me a bit.

[sk_wheatking]

in Saskatchewan there is no such thing as land owners rights period. call the rcmp about someone trespassing and see what happens. On the other hand go into someones yard in the city at night the cops are there in no time at all.

[burnt]

in Saskatchewan there is no such thing as land owners rights period. call the rcmp about someone trespassing and see what happens. On the other hand go into someones yard in the city at night the cops are there in no time at all.

So, what happens? Has the Trespass Act been repealed? If not it gives opportunity for remedy to the property owner whose right it protects.

I know that property rights are being eroded here in Ontario due to a combination of socialistic intent and property owner laxity.

But it comes down to knowing the law and working to maintain it.

[KarenBriereWP]

This story I wrote earlier this year might have some useful information for you.

The Saskatchewan Wildlife Federation isn’t surprised that rural landowners want hunters to be required to ask permission to enter private land.
Access and permission issues arise all the time, said executive director Darrell Crabbe.
At the Saskatchewan Association of Rural Municipalities annual convention in March, delegates passed two resolutions asking for changes to the Wildlife Act so that hunters would have to obtain permission to hunt on unposted land.
The SWF and environment ministry both recommend hunters ask landowners, whether land is posted or not, but that is becoming harder to do as farmers operate increasingly larger farms, don’t have landline telephones or are absentee landowners, Crabbe said.
“A lot don’t post this land,” he said. “How do you contact these people?”
Both Crabbe and Rich Hildebrand, a Prince Albert conservation officer, say it is simple common courtesy to ask for permission in any situation.
If hunters don’t ask, and there is trouble, landowners will start to post more land and make access that much more difficult, Hildebrand said.
He also said there are some hunting zones in the southeast that do require big game hunters to have written permission to drive vehicles on roads and trails on private land.
“Just because the land is not posted does not give the hunter implied right of access,” Hildebrand said.
And just because land is posted doesn’t mean a hunter couldn’t be granted access by the owner.
The onus is on landowners to post their property.
Signs are to be placed prominently along the boundaries of the land and at each corner and the backside, he said.
The signs have to be a minimum of 600 square centimetres and the wording should clearly say no hunting, or no trespassing, or hunting with permission only.
The provisions in the Wildlife Act, 1998, as well as laws regulating recreational vehicles, were not superseded by those in the Trespass to Property Act passed in 2009.
That legislation makes it an offence to enter land or engage in activity on that land if the owner or occupier objects.
“The owner’s objections can be expressed verbally, in writing, by posting signs or by enclosing the property,” said a statement from the justice ministry.
Other legislation, such as the All Terrain Vehicles Act and the Snowmobile Act, also prohibit the use of these machines on private land without permission, with some exceptions.
The ATV legislation allows people to operate the vehicles without permission only on land they or immediate family own or occupy. Otherwise they require permission to be on private or Crown land.
Under the snowmobile act, people can operate the machines on any land unless it’s posted. Again, the onus is on the landowner to post, not on the snowmobile operator to ask permission.
Crabbe said many of the complaints he hears are specific to areas. For example, the moratorium on moose hunting in Manitoba has created more activity in eastern Saskatchewan as First Nations hunters looked across the border.
“The number one reason for a decrease in hunting is a lack of access,” Crabbe added, but then populations can get out of control.
“This is the only method (of control) in modern wildlife management.”
But at the same time he agrees people should have the right to post their land. He said the SWF hopes to meet with SARM soon to discuss the issue.

Karen.briere@producer.com

[bucket]

A couple of instances.

1. We watched a guy drive right by the no hunting sign. When asked he said he didn't see it. Beat it you blind **** was our response.

2. Met a hunter on one side of pasture on grid road ....mentioned he should ask. He said he didn't have to.....OK. ....5 minutes later found a guy along highway going into pasture.....asked if he was with the other guys....nope....and he should ask for permission....same answer ....he didn't have to ask.



I just said fine you guys shoot at one another.....but don't blame me when one guy is dead.

One guy in from the east and another in from the west....right at the same hilltop.

[Flatlander]

Other than the income tax act, there is not much out there that can p/$$ me off more than than this topic. They are my deer/moose, whatever animal it may be for 50 weeks of the year to put up with. Then suddenly they are worth something to her majesty and I have to put up with every buffoon and his cousins in the country/city traipsing all over my land. If I don't want this I am to post and patrol my property? They may not be my animals fine, then compensate me for their existence or pay me for access to hunt.