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Am i legally entitled to pick up...


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  • 2 weeks later...
  On 15/12/2010 at 07:52, Bobba_fett said:

is there not a law saying you can retreve wounded game on anothers land or somthing?

ive heard that you can if you go unarmed,but it may be just in scotland not 100% sure maybe events cordinator off this site can shed some light on this,could you not drive the birds the other way atb

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If you want to know for a fact, consult a solicitor but this is where you stand according to several countryside law books (my interpretation) :

 

First, you must be clear between the different trespassing offenses.

 

1) simply crossing on to another's land is a civil offense, in other words the landowner would have to prosecute you.

2) Crossing on to another's land with a gun, is armed trespass and is a criminal offence, in other words the police would prosecute you.

3) If a dog is pursuit of game on land where you have permission, and the dog continues it's pursuit on to land where you do not have permission, no offense is committed ( the guys in the dog section will know more).

 

Ultimately the court would have to decide who owns shot game, it's not as simple as people may tell you.

 

1) If you shoot a pheasant on your land where you legally have a right to shoot and that bird fall alive on the farm next door where you do not have legal permission to shoot and you pursue and kill the bird, you would be poaching, obviously if you took a gun on to the land see (2) above.

 

2) If you retrieve a dead bird from the farm next door that was legally shot on your land, the only offence committed is civil trespass as you have legal ownership of the dead bird.

 

John

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