Am I wrong to close my land to hunting....

[dukenyc]

I hate to do it as I enjoy shooting myself, but I think I am going to post my land and deny all hunting from now on. I have been told by my Insurance company that I am taking a huge liability risk by letting people on my land.

If one of them has an "accident" and injures themselves of some-one else, I would be responsible.

So, sadly, I think the days of neighbors getting deer and geese off of the property are gone....

 

[woodchuckie]

I include this disclamier with any permits I issue. I don't know if it would protect or not but I still allow friends to hunt.

THIS PERMIT DOES NOT IMPLY ANY LIABILITY TO THE LANDOWNER.
THE PERMITTEE ACKNOWLEDGES THAT HE HUNTS AT HIS OWN RISK.
THIS PERMIT IS INVALID IF IT IS NOT SIGNED BY BOTH PARTIES.
HOLDER DOES NOT OBEY ALL FEDERAL, STATE AND LOCAL LAWS,
HOLDER DOES NOT RESPECT THE RIGHTS OF ADJOINING LANDOWNERS
AND THEIR PROPERTY LINES.

 

[beenthere]

I don't think you are wrong, however, I don't let the fear of liability scare me into doing something I don't want to do. Sorry. /forums/images/graemlins/crazy.gif

I don't prohibit hunting but instead put up "No hunting without permission" signs. Then, I pick those that I want hunting my land, and choose the times that they can hunt (not too many that get to hunt). But this seems to set better with other hunters than a No Trespassing sign. I just want to know who, when, and where other hunters are whenever they might be there, for my safety, theirs, and my privacy on my land (only 22 acres but there is good hunting).

 

[tawilson]

In New York the law (I forgot it's name) is that as long as you aren't charging someone to use your property you aren't responsible for them while they are on it. That's a pretty condensed version. I'm sure it can be found on the DEC website. I'll take a look. But, it is your property and you can do anything you want with it. My property is posted, mainly because I don't want just any yaahoo with a gun on it when I'm on it.

 

[tawilson]

Found it. http://www.dec.state.ny.us/website/dfwmr/sportsed/posting.html
Money and Liability
Q. Is posting required to protect landowners from liability?

A. No. Whether the property is posted or not, the General Obligations Law protects landowners from liability for non-paying recreationalist on their property. Because of this protection, recreational liability lawsuits against rural landowners are uncommon. Recreational activities covered include: hunting; fishing; organized gleaning (picking); canoeing; boating; trapping; hiking; cross-country skiing; tobogganing; sledding; speleological (caving) activities; horseback riding; bicycle riding; hang gliding; motorized vehicle operation for recreation; snowmobiling; non-commercial wood cutting or gathering; and dog training. This protection does not apply in cases of willful or malicious failure to guard or warn against dangers.

Q. May the owner or lessee charge for hunting, fishing, or trapping on the posted property?

A. Yes, but charging for access removes the liability protection granted to the landowner by the General Obligations Law.

 

[Bob_Skurka]

I believe most of the states have laws similar to the one tawilson is pointing out for New York. Landowners, if not allowing hunting as a commercial operation on their property, are typcially granted a 'hold harmless' clause somewhere in the hunting regulations and laws. In fact, I'd be surprised if every state doesn't do this.

So if you are restricting hunting due to liability, I'd suggest that your insurance company is probably one of the anti-gun or anti-hunting companies (some have publicly supported either or both groups). There are some companies th have used scare tactics to effect the outcome of personal behavior. Your company, or perhaps your agent, is likely doing just that.

If you are restricitng hunting due to the fact that you oppose hunting, or because you don't want strangers on your land at all, then I would suggest that you are well within your rights to do so.

 

[notamustang]

No I dont think so at all. I dont care what the laws say. Does not mean you will end up it court over something stupid done by someone stupid. These courts are so jacked up not worth the risk.
I just ran a Man and his three kids of my property with no treaspassing signs. I told them due to the numerous hazards I can not "afford" to have them here. I got flipped off for my trouble. I bit my tounge so much so I think its bleeding

 

[cisco]

Your land - as long as you don't violate any statutes (like turning it into a toxic waste dump), do what you want with it. As far as liability, who knows what lawyers and juries will do. If you know a hunter to be safe, and courteous re. clean-up, you're probably dealing with an individual who won't blame you if they step into an old fencepost hole and break their leg, etc. As far as the "general public", too many losers to want any walking around on my property with a gun.

 

[dukenyc]

That is some interesting information. Do you have link to the DEC website where it says that? I was given very different information from an attorney. I was told that if you give permission for someone to be on the land, you are responsible for their actions.

If they put a bullet into the neighbors tractor (God forbid), you would be responsible for making it right. "After all, they wouldn't have been able to cause the damage if you hadn't given them permission to be there"

I hate to be a jerk, but I do not want to be liable for the actions of others.

I am also unsure how my neighbors will react to the posting as they have grown accustomed to hunting on this land for the last 20yrs or so. Nothing like being the new guy and pissing off all of the neighbors as soon as you move in...

 

[L3650]

First let me say I am a hunter. As a young adult, it took me a long time to understand the hostile treatment received when I approched a land owner for permission to hunt.

Now I own several parcels and everything is posted. Not for liability, but because of all the people who completely lack any respect for other peoples property. It is my experience that if you don't at least try to control the situation everybody with a pickup, quad, or two good legs is in there acting like they own it. Trees cut down. ATV trails worn through a food plot. I have actually walked up behind two "gentlemen" building a tree stand in a remote corner of my land (their language really made me mad as my 7 year old son was along). When I re-post the trails worn in from the road down to the river and repair the fence, it literally takes less than one week in summer for everything to be torn out. Beer cans all over, garbage laying around, just a mess.

Its not that I want to keep everyone off my little pieces of the planet, but I just wish they would respect it more. I now understand the hostile, mis-trusting treatment I received as a young man.