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Private property claims?

  • 05-09-2012 8:20pm
    #1
    Registered Users, Registered Users 2 Posts: 53 ✭✭


    On the 1st of September i was out duck shooting and i was on my way back from the lake when the brother of the man who owns it walks up behind as i was crossing the gate to get off the land and he says this is private get off. I am only seventeen this is my second season shooting i have membership for both gun clubs who can claim the land. There were no signs up on gates or telephone poles and there were no livestock on the land so i see no reason why to tell me to get off. He treated me as if i was breaking the law. What are my rights on accessing a body of water. I know now it is private land after he told me but the gun club members i have told say if there are no signs or gun club informed you can walk it, is this true.


Comments

  • Registered Users, Registered Users 2 Posts: 2,027 ✭✭✭deeksofdoom


    On the 1st of September i was out duck shooting and i was on my way back from the lake when the brother of the man who owns it walks up behind as i was crossing the gate to get off the land and he says this is private get off. I am only seventeen this is my second season shooting i have membership for both gun clubs who can claim the land. There were no signs up on gates or telephone poles and there were no livestock on the land so i see no reason why to tell me to get off. He treated me as if i was breaking the law. What are my rights on accessing a body of water. I know now it is private land after he told me but the gun club members i have told say if there are no signs or gun club informed you can walk it, is this true.


    You should get permission from the landowner before going anywhere. You could be done for tresspassing.


  • Registered Users, Registered Users 2 Posts: 3,070 ✭✭✭cavan shooter


    As stated regardless Gun Club or not, you have to have permission to cross the land and shoot on the land. I have heard this rubbish spouted loads of time by very ignorant people every season. It is a sign of arrogance and shouldn't be accepted. The land is owned and if the man doesn't want shooting he doesn't want shooting.


  • Registered Users, Registered Users 2 Posts: 4,777 ✭✭✭meathstevie


    Cavan shooter is 100% right, privately owned land including lakes and ponds etc on it is exactly what it is, privately owned land. You need the owners permission to enter it and shoot on it. The permission can be written, verbal, through the gunclub etc etc but it is a legal necessity.

    Quite often people work of the assumption that if there's no signs up that the owner consents to shooting on the land and in most cases that assumption, although of no legal standing at all, would be correct but as you've experienced not in all cases.

    If only as a mark of respect to the landowner over whose livelyhood you're walking and shooting you should try and obtain their permission and most will give you the nod.

    Personally speaking I can hand on heart say that out of every ten people I've asked eight have given me the go ahead and the other two would have had good reason to refuse ( horse breeders, previous bad experiences with injury claims etc etc ).

    At the end of the day if you shoot over the land without permission you're on legaly very shaky ground, if you've obtained permission you're fine.


  • Registered Users, Registered Users 2 Posts: 53 ✭✭Theshooter2012


    The club i am a member of has written permission from the owner that is why i walked it, otherwise i would have stayed away from it. Also it was only his brother who put me off the land not the actual owner so as far as the club is concerned it is still accessible until the owner tells them or me otherwise. This supposedly is the law.


  • Registered Users, Registered Users 2 Posts: 15,810 ✭✭✭✭Witcher


    The club i am a member of has written permission from the owner that is why i walked it, otherwise i would have stayed away from it. Also it was only his brother who put me off the land not the actual owner so as far as the club is concerned it is still accessible until the owner tells them or me otherwise. This supposedly is the law.

    Did you introduce yourself to the owner and his brother when you first joined the gun club? It's a bit late to be saying 'I'm in the gun club' when they're throwing you off the land. It may only be the owner's brother who threw you off but the owner will side with his brother over you and the gun club. Before you go back near the land go and talk to the landowner face to face and clear the air.


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  • Registered Users, Registered Users 2 Posts: 6,576 ✭✭✭garv123


    The club i am a member of has written permission from the owner that is why i walked it, otherwise i would have stayed away from it. Also it was only his brother who put me off the land not the actual owner so as far as the club is concerned it is still accessible until the owner tells them or me otherwise. This supposedly is the law.

    Did you tell him you were in the gunclub and that his brother gave the gun club permission?


  • Registered Users, Registered Users 2 Posts: 1,464 ✭✭✭Double Barrel


    Cavan shooter is 100% right, privately owned land including lakes and ponds etc on it is exactly what it is, privately owned land. You need the owners permission to enter it and shoot on it. The permission can be written, verbal, through the gunclub etc etc but it is a legal necessity.

    Quite often people work of the assumption that if there's no signs up that the owner consents to shooting on the land and in most cases that assumption, although of no legal standing at all, would be correct but as you've experienced not in all cases.

    If only as a mark of respect to the landowner over whose livelyhood you're walking and shooting you should try and obtain their permission and most will give you the nod.

    Personally speaking I can hand on hard say that out of every ten people I've asked eight have given me the go ahead and the other two would have had good reason to refuse ( horse breeders, previous bad experiences with injury claims etc etc ).

    At the end of the day if you shoot over the land without permission you're on legaly very shaky ground, if you've obtained permission you're fine.


    Very well said Stevie.

    Shooter
    You have some excellent advice from knowledgeable posters to help you rectify your problem.
    All the important legal issues aside and make no mistake they are important.
    It is your responsibility to do the right thing. Seek out the landowner and introduce yourself and everything will sort itself out from there.
    It is all about respect.

    "If only as a mark of respect to the landowner over whose livelyhood you're walking and shooting you should try and obtain their permission and most will give you the nod."


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