Question for the deer stalkers.

clivej

Can you retrieve a shot deer that runs onto an adjoining property that-

1. You don't have permission to shoot on.
2. You don't know who owns the property.
3. No houses around to ask who owns the property.

otmmyboy2

As soon as a wild animal crosses into somewhere you don't have permission to be in that is that.

As far as I am aware even if they succumb on that person's property the owner of that property then owns the carcass. Hence removing that carcass would be illegal.
And even worse if you ventured in to dispatch it, since they you are into armed tresspass. And firing into a property you don't have permission to shoot on would also be illegal, even if you were actively hunting the animal which had escaped into the adjacent property.

Could you not ring the landowner who owns the property you are on and ask them who owns the adjacent property?

richiedel123

Yep answers to all above are no. No permission means no deer whether its hurt or not

Mellor

The only way this would be possible would be if you have permission to access the property. But without permission to be on the property (for shooting or otherwise) it is trespass as pointed out above.

No knowing who knows it, and nobody around to ask makes it difficult, but doesn't change the legal implication.

Feisar

https://www.boards.ie/discussion/comment/123109358#Comment_123109358

This was my understanding of it, wild animals have no owners. A deer shot on one person's land that runs and dies in another's land becomes the property of the person on who's land it died. I as told by a man one time that he had a right to recover. At which I thought to myself, no what you're doing is committing armed trespass. I had a read up on it out of a matter of interest which lead me onto a UK forum which goes into some detail on it. Given that a lot of our law comes from the UK I took it that I was fairly sure of the law here but didn't delve deeper to clarify. Then I came across the below:

https://legalblog.ie/animal-ownership/

I'd like to see the cases that have held that to figure out the nuances and then the without prejudice has different meanings in civil law (trespass) criminal law (armed trespass), so…???

otmmyboy2

https://www.boards.ie/discussion/comment/123112696#Comment_123112696

Given that trespass is still a thing and the hunter would have to trespass in order to obtain the carcass, and the whole illegality of hunting on land that you don't have permission to be on, and armed trespass as you mention, and the part of the housing act 2002 which deals with bringing things onto the land which can affect the use of it by the owner, I cannot see a hunter doing this legally.

Also never heard of any cases of it, but yes they would be very interesting reading.

I'd be rather cautious of that site mind you, no sources that I can see which I would expect from something dealing with legalities.

Feisar

https://www.boards.ie/discussion/comment/123112831#Comment_123112831

Was thinking the same, typos etc as well, didn't come across the most reputable.