where would i stand if

[cassshantia 16]

i have been on the day out with another friend and on one occasion the shot deer ran on about 50 meters then dropped fortunately it dropped on his permission

as im a new one to this sport /management of deer as ive got land to shoot on,

where would i stand if the(shot) deer ran onto permission where i dont have the right

any pointers please to put my mind at rest

thanks lee

[riohog 5,701]

i have been on the day out with another friend and on one occasion the shot deer ran on about 50 meters then dropped fortunately it dropped on his permission

as im a new one to this sport /management of deer as ive got land to shoot on,

where would i stand if the(shot) deer ran onto permission where i dont have the right

any pointers please to put my mind at rest

thanks lee

well i suppose if you have no right to be on that land ..you could be charged ..in persuit of game ! poaching

[provarmint 25]

Or armed trespass .

[HUnter_zero 58]

 

where would i stand if the(shot) deer ran onto permission where i dont have the right

any pointers please to put my mind at rest

thanks lee

 

 

I presume that you are asking where you would stand legally if you shot a deer which ran and died on to an adjacent farm where you had no permission to be or shoot on.

 

As long as you shot the deer on land where you did have permission then as long as you didn't take your rifle with you the only crime you would commit would be trespass which is a civil offence, you would have reduced the deer to 'possession' and the deer would belong to you. If the land owner would not give you the deer back, then the land owner would be guilty of theft.

 

John

[Treacle Trackpad 6]

Also, although wild deer belong to nobody, once shot, the venison belongs to the landowner where the carcass is. Therefore if a deer is shot on your permission but runs onto someone else's land before expiring it belongs to them. You should liaise with the surrounding landowners and see if they would mind you following up a deer on their land, then you'll know for sure.

[cassshantia 16]

yes legalities i want to know thanks for the quick response much appreciated lee

[Treacle Trackpad 6]

yes legalities i want to know thanks for the quick response much appreciated lee

 

Here you go bud...clicky

[RicW 67]

TT -

interesting but it seems to leave one question open. Suppose the wounded animal runs off your permission and you have reason to believe that it is seriously hurt and suffering. Can you shoot over the land where you do not have permission to give the animal the coup de gras? In the ordinary way deliberately to shoot over that land would be an offence but you would be doing it for humane reasons.

 

Ric

[Treacle Trackpad 6]

TT -

interesting but it seems to leave one question open. Suppose the wounded animal runs off your permission and you have reason to believe that it is seriously hurt and suffering. Can you shoot over the land where you do not have permission to give the animal the coup de gras? In the ordinary way deliberately to shoot over that land would be an offence but you would be doing it for humane reasons.

 

Ric

Good point and an interesting question. If it were me, I would use this line to make a decision on the spot:

 

'...An offence is not committed if the perpetrator did so in the belief that he would have been given consent if the owner or occupier knew of his doing it and the circumstances,...'

 

[HUnter_zero 58]

the venison belongs to the landowner where the carcass is. .

 

 

 

Three examples:

 

1) The OP pursues a deer from his legal permission on to a neighbours farm where he has no legal permission, shoots and kills the deer the deer belongs to the OP and not either landowner.

 

2) The OP shot a deer on his legal permission, the deer ran on to the neighbours farm alive, if the OP was to follow up on the deer he would be committing a poaching offence, but after he had killed the deer the deer would still belong to the OP.

 

3) If the OP shot the deer on his legal permission, the deer ran and died on the neighbours farm as a direct result of the OP's shot taken on his legal permission then the deer belongs to the OP, the only offense would be trespass (civil) as long as he didn't carry a firearm on to the neighbours land.

 

This is because wild deer have no legal ownership until they have been "reduced to possession" or killed and then they belong to the person who killed them.

 

John

Edited April 5, 2010 by HUnter_zero

[provarmint 25]

Belongs to the landowner of the land it dies on.

[Treacle Trackpad 6]

the venison belongs to the landowner where the carcass is. .

 

 

 

Three examples:

 

1) The OP pursues a deer from his legal permission on to a neighbours farm where he has no legal permission, shoots and kills the deer the deer belongs to the OP and not either landowner.

 

2) The OP shot a deer on his legal permission, the deer ran on to the neighbours farm alive, if the OP was to follow up on the deer he would be committing a poaching offence, but after he had killed the deer the deer would still belong to the OP.

 

3) If the OP shot the deer on his legal permission, the deer ran and died on the neighbours farm as a direct result of the OP's shot taken on his legal permission then the deer belongs to the OP, the only offense would be trespass (civil) as long as he didn't carry a firearm on to the neighbours land.

 

This is because wild deer have no legal ownership until they have been "reduced to possession" or killed and then they belong to the person who killed them.

 

John

 

Hi John, sorry but that is incorrect. The deer/venison belongs to the owner of the land on which it has died.

[Deker 3,478]

the venison belongs to the landowner where the carcass is. .

 

 

 

Three examples:

 

1) The OP pursues a deer from his legal permission on to a neighbours farm where he has no legal permission, shoots and kills the deer the deer belongs to the OP and not either landowner.

 

2) The OP shot a deer on his legal permission, the deer ran on to the neighbours farm alive, if the OP was to follow up on the deer he would be committing a poaching offence, but after he had killed the deer the deer would still belong to the OP.

 

3) If the OP shot the deer on his legal permission, the deer ran and died on the neighbours farm as a direct result of the OP's shot taken on his legal permission then the deer belongs to the OP, the only offense would be trespass (civil) as long as he didn't carry a firearm on to the neighbours land.

 

This is because wild deer have no legal ownership until they have been "reduced to possession" or killed and then they belong to the person who killed them.

 

John

 

 

John

 

Help me out here, fortunately this has never happened to me as mine fall over when I shoot them, but this does not seem correct to me, have I missed something somewhere?

 

Where have you taken this from?

 

Cheers

[Treacle Trackpad 6]

Deer Act 1991 c.54

 

1 Poaching of deer .

 

(1) Subject to subsection (3) below, if any person enters any land without the consent of the owner or occupier or other lawful authority in search or pursuit of any deer with the intention of taking, killing or injuring it, he shall be guilty of an offence. .

 

(2) Subject to subsection (3) below, if any person while on any land— .

 

a intentionally takes, kills or injures, or attempts to take, kill or injure, any deer, .

b searches for or pursues any deer with the intention of taking, killing or injuring it, or .

c removes the carcase of any deer, .

 

without the consent of the owner or occupier of the land or other lawful authority, he shall be guilty of an offence.

 

Clear everything up?

[HUnter_zero 58]

 

Help me out here, fortunately this has never happened to me as mine fall over when I shoot them, but this does not seem correct to me, have I missed something somewhere?

 

Where have you taken this from?

 

Cheers

 

 

Came as a bit of a shock to me as well.

 

Have a look in "Fair Game" the law of country sports and the protection of wildlife (ISBN 0720717345), ownership of wild game (or deer) can only be achieved after death and only by the person who killed the game.

A wild deer is just that, wild with no owner. If YOU kill it or reduce it to possession, YOU own it, no matter where the animal dies. Now it becomes complex, with regards to the circumstances of the animals demise.

 

Extracted from the book (adapted slightly with (a)/( & You) :

 

Example : Land (a) is you legal shooting ground. Land ( is the next door farm land, where you have no legal right to cross or shoot.

 

If you legitimately shoot game on (a) and it falls alive (non-lethal injury) on (, you have some claim on the game and may feel obligated to pursue it but will commit a poaching offence if you retrieve it with out legal permission on (.

 

If you retrieve game from ( which was in the first instance legitimately shot over (a) then you commit an act of civil trespass if permission is not sort to retrieve the game, even though you have the legal right to ownership of the game (or deer).

 

In essence, ownership of illegally taken game is that of the landowner (only) as this makes civil prosecution easier. Where game (or deer) legally taken, crosses boundaries, rightful ownership is not straightforward.

 

John

Edited April 5, 2010 by HUnter_zero