# Verbal Permission?



## Mushijobah (May 4, 2004)

Hey guys,

I recently gained permission to deer/waterfowl hunt a pretty good section of land. The only problem is that the landowner is suspicious of being sued and does not want to sign a permission form. He informed me that he would 'OK' me with any Law Enforcement who asks if I have permission...but he just doesn't want to sign the form.

Anyone have a similar case? Have any of you heard a Wildlife Officer's opinion on this?

[email protected]


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## BassBlaster (Jun 8, 2006)

Wow, I dont know. The law clearly says written permission.

Have you tried getting him to sign one of the permission slips you can get from the ODNR? It has a release on it that releases the land owner from any liabillity. You both sign it and get a copy. You can make copies of the one in the regulations booklet or stop by the DOW office to pick up some nicer forms. With that slip, I believe it would be next to impossible to sue the land owner for anything.


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## Mushijobah (May 4, 2004)

Thanks guys. I might have to give him a bit more time since he is new to the whole allowing people to hunt thing. If I can assure him that no one is going to get shot, I think he may sign one.

I know my situation is not too uncommon, as I've heard of it before. I was kind of wondering if anyone has recieved a ticket even though the landowner is allowing you to hunt. From how it seems, the landowner has to make a complaint call before a citation can be written...not sure though.


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## killingtime (Apr 29, 2009)

i had a wildlife officer tell me that he will not check for written permission unless the landowner him or herself calls and tells them that someone is tresspassing. thats just what i was told so take it for what its worth. maybe call the officer in that county and explain so that way he knows who you are. i am sure it will be ok if he knows the situation.


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## T-180 (Oct 18, 2005)

Mushi,
To answer your question, I had one land owner that didn't want to sign anything until I explained the new form & release from liability. After he read it, he was happy to sign it.

As for them only checking if there's a complaint, I know of several people checked w/o complaints from the owners. I personally had a wildlife officer drive back a 1/4 mile lane & walk another couple hundred yards to check me during gun season & this was on family land !!! Fortunately I had a signed form for liability reasons because, even though I had hunted this land for 25 years, he would "have to" write out a ticket. I think it depends on the individual officer.


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## LindyRigger (Apr 13, 2004)

I have a farmer that give everyone verbal permission, but not written. The wildlife officer knows this farmer does not give out written permission and it is never an issue. I think the only time it matters is if the land owner complains or possibly another hunter on the same property. I usually try to get the written but will hunt with a verbal. Enjoy the new property.
LindyRigger


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## Bonecrusher (Aug 7, 2010)

Muishi- I have had this happen to me. I have several properties that the landowner won't sign for. It is no big deal as long as he says if the question arrises he will back you up. I have been checked 12 times since the new law went into effect and have never been asked by a warden. I have been asked by other hunters before and it is nice to have it if the situation arrises. I have 21 signatures and I just keep them in the truck. Don't worry about it you will be fine.


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## Bonemann (Jan 28, 2008)

Several places I hunt the owners don't want to sign the slip.
I too know what the law says but so far the game officer has
never pushed the issue although he has come around to check
us out.
I guess if we were doing something wrong that would be another
charge against us at that point?
I always do try to get the slips signed if possible to avoid trouble.
But I don't want to get the owners mad either (it can be tricky).

Good luck to all and be safe.


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## Mushijobah (May 4, 2004)

Lots of good advice guys, thanks. Like Bonemann said..I don't want to press the issue too early for written permission. This parcel is not 'typical' hunting land, so he was sort of reluctant at first. I gave him my background and told him exactly what/where I would be shooting. I'll let you know how it goes. I already found a treestand/corn of a trespasser across a creek he owns.


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## roger23 (Mar 7, 2007)

I never give written permission,,and in 30 years the guys that hunt there have never had a problem,,I had a guy this wanting to hunt squirrels on my property and kept wanting me to give him written permission ..guess what ???I told him to keep off my property ,,and don't come back and ask again..he called me a ass hole ,,which I am if pushed,,


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## James30 (Apr 13, 2004)

I know when dealing with trespassers here in Medina County that what L.E. wants is a accurate contact information for the landowner that you can give us. Always will try to speak with the property owners and written permission is a big help. I certainly cannot speak for the ODNR guys but from my interactions with them they are all reasonable individuals. If you are respectful and polite and explain the situation you sholdn't have any trouble, heck they may even speak with the landowner and ease his mind about giving you written permission. The best time to have that signed sheet is when you encounter actual trespassers, but then again they won't have one either....


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## Mushijobah (May 4, 2004)

I appreciate the input from an LE perspective, James. Went there yesterday and saw two very nice bucks. I was walking in a creek bottom and they were sitting atop of a extremely scrubby old landfill about 30 yards away. They sat still and watched me as I passed by...I pretended not to see them..WOW! Both very wide.


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## Huntinbull (Apr 10, 2004)

Mushi,
fill out a permission slip and ask him if he would keep a copy even though he hasn't signed it. It will have your contact info on it. On your copy just write on the signature line "verbal permission given, refused to sign". In most cases the property wont get checked unless the LANDOWNER calls the authorities. That is what the DoW officers i deal with suggest. That question comes up in every class I teach.


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## Mushijobah (May 4, 2004)

He told me he didn't even want a copy...lol. He seemed a bit suspicious, but I think it will get better over time. I will create a form for myself, fill it out, and write that verbal permission was granted (with his phone numbers/address).


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## Jigging Jim (Apr 3, 2010)

Huntinbull said:


> Mushi,
> fill out a permission slip and ask him if he would keep a copy even though he hasn't signed it. It will have your contact info on it. On your copy just write on the signature line "verbal permission refused to sign". In most cases the property wont get checked unless the LANDOWNER calls the authorities. That is what the DoW officers i deal with suggest. That question comes up in every class I teach.


Excellent idea Huntinbull !


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## big_mike (Aug 2, 2006)

Very good information guys, I will for sure do this in the future. It is not only the DOW that will issue a citation for trespassing. The local County Sheriffs can also issue the same citation. I had the same thing happen to me, the land owner said that if he has to trust me on his property then I would have to trust him that he would not have me cited for trespassing. It was kind of funny, but when the DOW checked me on the property and I mentioned the guy would not sign, we then went up to the house and the guy was sleeping, woke him up and he said that I had permission, then signed the form because he didn't want to be disturbed by the law again. This land owner and I are great friends now and laugh about the situation. I was told that as long as the landowner and or owners tenants call then you could be cited for trespassing, but if a passerby calls then they will not follow through with the check, but I was told this years ago and things have changed.


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## lil goose (Oct 16, 2009)

I have attended hunter ed. course with my boys and asked the warden the same question. What if all you can get from a landowner is verbal permission? He said that is a "gray area" but unless someone calls and complains he's not going to be there! As long as the landowner will back you up you will be fine imho but the law does state "written permission" just remember every time they pass a law they take away more of our freedoms! The warden i talked to said they only enforce the written permission when someone is tresspassing! As long as you and the land owner are on the same page just hunt!!!! Shoot straight!!!


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## Mushijobah (May 4, 2004)

I spoke to a DNR rep and they gave me the same answer. Hunting with verbal permission is frowned upon, sort of like riding a large dog around the neighborhood like a horse while wearing a cape. OK, maybe I made up that last part. If they contact the landowner and the landowner OKs it, you will be fine. Also in most cases the landowner must call for an anvestigation to occur. 

Thanks again for all the insight guys, I'll make sure to give an update if anything happens with this.


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## CRAPPIE LOVER (Feb 11, 2007)

Back about 15 years ago I had a game Warden pull into a farm road ,, Got out and waited for me to walk out,,Asked me if I had permission to be hunting here...I asked him if Farmer so and so called him because this is his property...He said no and told me to have a nice day and turned to leave..My comment to him was Why ..His reply was the land owner has to be the one to call..Otherwise he said he would be trespassing...God's Truth....JIM....CL....


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## icefisherman4life (Aug 5, 2007)

alot of places i hunt the farmers wont give "written" permission. but they give me the verbal ok. i was stopped by a dnr officer once. and he asked where i was huntin and i told him. and i said i dont have written permission he wont give it to me. he said he knew all the farmers in the area dont give written. so he said i was ok.


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## BIG J LAV (Feb 6, 2007)

I was checked twice (by helicopters) 1st day of gun last year. Neither time did they ask to see my permission slips but had them with me. No Lie though, 8:15 am opening day in the morning in Canfield area they circled us like 5 times in the copter before wardens came at us from the road, blew our hunt, my dad and buddies only vacation day. After that we went to lunch and to hunt another property in Coitsville. Same thing about an hour after we got in the woods. Copters circling like 10 times and 2 wardens come up drive and stomp through the woods and ruin hunt again. We had permission at both places and neither property owner called to complain. I agree the law needs upheld but 1 hour into opening morning? Come on Man
________
Ferrari 312t history


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## Backtroll (Mar 7, 2010)

This is the Ohio Revised Code which exempts a landowner from liability by giving permission to use their property for recreational purposes. This might not be the case if a fee is involved. In this case, an attorney should be contacted for clairification.
Ohio Revised Code

Title XV
Conservation of Natural Resources
Chapter 1533. Hunting; Fishing

1533.181 Exemption from liability to recreational users
(A) No owner, lessee, or occupant of premises:
(1) Owes any duty to a recreational user to keep the premises safe for entry or use;
(2) Extends any assurance to a recreational user, through the act of giving permission, that the premises are safe for entry or use;
(3) Assumes responsibility for or incurs liability for any injury to person or property caused by any act of a recreational user.
(B) Division (A) of this section applies to the owner, lessee, or occupant of privately owned, nonresidential premises, whether or not the premises are kept open for public use and whether or not the owner, lessee, or occupant denies entry to certain individuals.
Effective Date: 09-29-1995


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## icefisherman4life (Aug 5, 2007)

dude that would suck big j. i wont lie i woulda been pissed. especially if that was on your only day of vacation.


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## BIG J LAV (Feb 6, 2007)

I'm hunting the same areas this year, maybe they will pass us up since they found out we were legal last year. It's tough when you only have a day or two to get out.


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## firstflight111 (May 22, 2008)

you need a slip every year dont be lazy .. that what messes up hunting spots .. i go every season and ask about hunting


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## Mushijobah (May 4, 2004)

firstflight111 said:


> you need a slip every year dont be lazy .. that what messes up hunting spots .. i go every season and ask about hunting


Is that comment relevant to my question?


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## firstflight111 (May 22, 2008)

Mushijobah said:


> Is that comment relevant to my question?


ahhh yes get a slip signed its not worth it to not have one ..... if someone asked about your hunting rights he could say who what i dont know him... get a slip signed .. if i dont have a slip i dont go ....just saying


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## I Fish (Sep 24, 2008)

Ohio Revised Code:

Title XV, Chapter 1533, Section 1533.17
Hunting without permission
(A) No person shall hunt or trap upon any lands, pond, lake, or private waters of
another, except water claimed by riparian right of ownership in adjacent lands, or shoot ,
shoot at, catch, kill, injure, or pursue a wild bird, wild waterfowl, or wild animal thereon
without obtaining written permission from the owner or the owners authorized agent.

I think it will depend on the particular officer, and wether they are simpathetic to your situation. I can see 3 sides. From a landowner standpoint, why should I have to sign something so someone else can hunt? I've always wondered why hunters allow themselves to be singled out. I don't have to sign any document to let people ride ATV's, bird watch, hike, cut firewood, or any other outdoor activity. A lot of people carry a gun when doing these things, so why should hunting be any different?

As a hunter, why do I have to get written permission to hunt my wifes grandparents, my son's or my daughters farms? I already have to buy a license to hunt these relatives properties. The only way to get the grandparents permission slip is through the mail, as I'm not driving to Florida to see them any time soon. What if they had gone to the Australian outback again this year? No contact for a few months, so should I just hunt the property anyway?

From a LEO standpoint, this just makes it easier, because hypothetically, they don't have to find or talk to the landowner. However, I don't think it's a good practice in that if the LEO doesn't talk with the landowner, he has know way of knowing if the permission slip is a forged document. If the only time a LEO is going to ask or investigate a trespass is if the landowner complains, what difference does a permission slip make? If the person in question had verbal permission, the landowner wouldn't be calling to complain. My parents or any of the adjoining neighbors (or their nieghbors for that matter!) have never called to complain, ever, but that didn't stop the DNR from flying a helicopter over us for a half hour, then getting a visit from 4 wheeler riding Game Wardens. IMO, this is just another hoop to have to jump through, in order for it to be easier for LEO's to issue a ticket, but, we continue to let it happen.


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