smecky 52 Posted May 31, 2012 Report Share Posted May 31, 2012 Just been on my permission for the last hour when some guy approaches me with three dogs dressed in camo! I've shot here for three years now with no problem what so ever. This guy says to me leave now before I phone the old bill u are trespassing, I say I'm not as I have permission and I have it in writting. So next thing he says is, you shoot for Ian the farmer down the road and he is the tenant and not the landowner??!!! Spoke to the farmer and he told me he is going to have a word with the owner. Question is am I in the right or the wrong. In my eyes if your renting a house for 12 months you have the right to do what you want!! Thanks Quote Link to post
Elliott 436 Posted May 31, 2012 Report Share Posted May 31, 2012 (edited) I would suggest the Land Owner will have the say as to what the land could be used for i.e Arable, grazing etc. He may not wish to rent the land if the tennant plans on turning it into something as extreme as a motorcross course, or indeed a game shoot! The details of useage should be in the legal documentation signed by both the Tennant and Land Owner when the agreement was made. In all honesty I doubt that it would have gone into such level of detail as vermin control so you should be perfectly fine. You've done the right thing by speaking to the Tennant, it will now be up to him to sort it out with the Land Owner. If he values your service he should refer to the Tennancy Agreement details and support his rights. All depends on whether the Tennant doesn't mind having a little fall out with the Land Owner over your shooting permission Good Luck, hope it works out for you Edited May 31, 2012 by Elliott Quote Link to post
milegajo 595 Posted May 31, 2012 Report Share Posted May 31, 2012 Ok, for legal purposes you believe you have the landowners permission. You asked the 'owner' and took him at his word without requesting to see the deeds. You acted in good faith and to the fullest extent of your powers. Do not agree or admit to only speaking to the tenant. No, a tenant cannot legally give permission as he is bound within the confines of a tenancy agreement and only has the powers granted to him within it. The 'law' requires the landowners permission i believe. Equally, if the chap who alledges he owns the land did not identify himself and produce the deeds you are still none the wiser and must presume you are ok to shoot until it is proven otherwise. You are not guilty of wrong doing, therefore do not be tricked into admitting as such. Request all communication in writing, demand evidence to support any and all claims. It's your right, exercise it! All the best mate. 1 Quote Link to post
Phantom 631 Posted May 31, 2012 Report Share Posted May 31, 2012 I'm with Mike above especially if you have it in writing Tony Quote Link to post
Mawders 595 Posted May 31, 2012 Report Share Posted May 31, 2012 Sorry mate to hear this, sounds like a tricky situation. For now I would wait for the guy who gave you permission to sort this out for you, it's in no way your fault as others have said, maybe go round to landowner and properly introduce yourself and be polite stating you didn't realise. Have a sit down, the landowner may be more approachable instead of standing in the field with a gun. I don't envy your situation so the best of luck mate. Quote Link to post
smecky 52 Posted May 31, 2012 Author Report Share Posted May 31, 2012 Also this guy said he has had the shooting permission on the land. I told him I shoot go the farmer on his farm which is 200 acres and this small plot is only 20 but riddled with bunnys, took over 100 in the last 12 months. Farmer said I have done a good job as he has got all his silage this year.(only cut yesterday hence the trip out). On my way back to the van with this guy, he says he has asked my farmer for permission and got a no straight away, farmer told me also on the phone. Next he says ,"let's do a deal I come with you and you can come on here with me" What a joker!! Quote Link to post
SEAN3513 7 Posted May 31, 2012 Report Share Posted May 31, 2012 Most permission is granted by owner or agent.....technicaly the tennent is the agent in agricultural terms Quote Link to post
bradclifton 1 Posted May 31, 2012 Report Share Posted May 31, 2012 the owner only owns the land..its the tenant whos put money in to buy grass seeds, corn etc.. so surely its his crops that your protecting. i would have thought if you've got the tenants permission you should be fine 1 Quote Link to post
AR177 588 Posted May 31, 2012 Report Share Posted May 31, 2012 Sounds like he is a chancer! trying his luck to get in on your shooting. Last summer I had a guy come up to me when i was in the middle of a permission, right in the middle of the field, and asked 'what do you think you're doing here!. do you know whose land your on' in a stern voice which caught me by suprise! when i replied 'yes my cousin owns these feilds' and gave some basic contact info, he gave me a verbal lecture, told me to clear off and then proceded on his way. thinking i was in the i contacted my cousin to let her know what had happened, she said it was rubbish and to carry on, 10 min later she rang me back top say this bloke had rung up asking for shooting permission as he had spoken to someone in her field (obviously me) Cheeky :censored: had the nerve to say i was in the wrong! then try and poach my permission! he was told to sling his hook you just cant underestimate the sheer cheek of some people!! ATB Adam Quote Link to post
ArchieHood 3,692 Posted May 31, 2012 Report Share Posted May 31, 2012 I'm pretty sure a tenant has an obligation by law to control vermin, how he chooses to do so is up to him. 1 Quote Link to post
StevoSmith 147 Posted June 1, 2012 Report Share Posted June 1, 2012 I'm pretty sure a tenant has an obligation by law to control vermin, how he chooses to do so is up to him. Agreed....As the tenant works the land Quote Link to post
milegajo 595 Posted June 1, 2012 Report Share Posted June 1, 2012 There is definitely defense in there i believe. Whoever commissions you and outsources pest control is not your concern. You can only presume whoever does so has the necessary powers and you were doing as ordered. Mawders' advice is smart too, that's definitely the way I would attempt to resolve such an issue. Quote Link to post
paulus 26 Posted June 1, 2012 Report Share Posted June 1, 2012 unless the sporting rights are withheld by the landowner or leased to a third party then the sporting rights and vermin control are the responsibility of the tennent and are a requirement in law. in theory the tennent has the rights to do as he/she wishes untill that tennency has expired or a notice of intention to change that tennencies terms and conditions has been issued and accepted by the tennent. Quote Link to post
tomano1 80 Posted June 1, 2012 Report Share Posted June 1, 2012 this is right im sorting shooting permittion out the lads on here have backed it up im in the same boat as land owner is not the the the persion how is renting and she has said yes if it is in the small print than they will keep the land pest free it is yours mate TOMA ATB Quote Link to post
The one 8,477 Posted June 1, 2012 Report Share Posted June 1, 2012 Tenant farmer can give you permission to take vermin if somebody else has the game shooting Quote Link to post
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