# deer stand on neighboring lot - residential



## eyewish (Apr 16, 2004)

Hello Folks -

This may be a dumb question, but my area is fishing, so my knowledge of the regs/laws in the hunting arena is limited. We live in a relatively new development which has now been about 70% built out. Lots are mostly 1 to 2 acres. We have a very wooded lot with a stream; our property ends about 10 yards past the stream below our home. With the leaves down, noticed over weekend someone put up a stand in a tree about 30 yds from the stream (and only about 20 yards from our property line). The lot where this stand has been placed is one of those that hasnt been built on yet - county real property website indicates owner of this lot is a nondescript corporation -probably a psuedonym for a builder who plans to build there eventually. 

We assume someone put this up for bow season (and may or may not have owner's permission), but are concerned in particular about use for gun season - - this stand is less than 100 yds from our home. Whether for bow or gun, is there a prohibition in state regs on certain types hunting (or discharging firearm) within so many yards of a residence (regardless of permission by the neighboring lot's owner), or is it strictly matter of township/city and local regulation? I will probably contact the developer, who is currently head of the property owner's ass'n, and/or the township and/or ODNR, but was hoping to be a little more knowledgeable before I call any of them. (I dont want to over-react, but also dont want to be blown off if this is improper.)

Thanks for any help.


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## Papascott (Apr 22, 2004)

I am in n.e. ohio so not dure of your laws. Here it would be totally legal unless it is a city/township with hunting prohibitions. I used to run into this all the time on my families private land. the woods is behind a developed area and everyone in the neighborhood assumed it would be fine to use our land for dog walking, hiking, biking motorbikes, you name it. They were always very confrontational with me when they were tresspassing, threatening me with calling the police wardens etc etc. They were always very shocked when the police would ask me if I wanted them to be cited, to which I would always say, " No, but please make sure they understand the law". 

I think its great that you are looking for advise before jumping in with both feet. I personnally would call the developer and ask if he knows who owns the lot and, if its him, if he has given anyone permission to hunt. If that answer is yes or you can get in contact with the owner, NICELY, ask that the stand be placed further from the house. This would be a courtesy on his part so be as nice as possible. If no one has given permission that is the owner, I would call the local law and ask them about the stand and its proximity to your house and the fact that the owner has not given permission to anyone. 

Scott


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## Shortdrift (Apr 5, 2004)

Consider checking the city/township law regarding discharging a firearm as well as hunting and if both are legal then check how close to a residence both are permitted. I believe Ohio has a distance restriction irrespective of local laws. A hunter sent a slug into a home last year here in Medina County.
He was cited for hunting without permission as well as hunting too close to a residence.


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## CasualFisherman (May 21, 2004)

As previously posted, it is completely dependent on the jurisdiction you are residing in. In general, most municipalities will have a more robust zoning code and general prohibitions against discharging a firearm. If your development lies outside the municipal boundry (IE. a twp) then likely hunting and discharge of firearms is permitted.(But not always) Since you mentioned that there is a homeowner's association, If the property in question is also under the established jurisdiction of the assn, then that would likely be your quickest way to remedy your concerns. Homeowner's Associations can restrict property uses much like local governments and I am sure a no hunting restriction could be enacted pretty easily. There is not a state statute that I can find regulating the proximity of hunting next to adjacent residences on private land but there is one for hunting/trapping on public land.

In my opinion, I would be very uncomfortable hunting that close to someone else's house where they could just sit and stare at me in my tree stand.


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## ezbite (May 25, 2006)

Papascott said:


> I personnally would call the developer and ask if he knows who owns the lot and, if its him, if he has given anyone permission to hunt. If that answer is yes or you can get in contact with the owner, NICELY, ask that the stand be placed further from the house. Scott


you have only seen a stand and no hunter? are you sure its not JUST an old stand??? scott gave you some good advise, call the developer and ask them if they have any info, if not, let it go until you see someone sitting in it and just go ask them or better yet, just walk over to the stand and see if it looks strong enough to climb up into. im willing to bet its an old stand that someone built and just left (not that its ok to leave a stand in the woods). you said it yourself "we live in a relatively new development"


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## rockson (Nov 14, 2008)

Ewewish, Don't Know Ohio Game Laws At All Coming From L.i.ny But There Should Be A Free Booklet On All The Hunting Reg Of Your State Were Ever You Would Pick Up Your Hunting Or Fishing Licence. That Will Tell You The Safty Lines Around Homes And Such.
Hope This Helps.


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## eyewish (Apr 16, 2004)

thanks for all the replies folks. i will be following up with the developer first, then the township perhaps. fyi, i did find two partially relevant provisions in the ohio criminal code, essentially prohibiting discharge of firearm at or into residence and at or onto a neighboring residential lot (that's my paraphrasing several complex provisions), with exceptions for shooting entirely on your own land. these are found at ORC 2923.161 and 2923.162 in case any are interested. i'm guessing these are the provisions that would have been used in the case you cited, shortdrift. these state provisions would seem to not prohibit the hunting altogether, just shooting toward/onto our property.... which would be fine, if we could enforce that... problem is the stand faces toward the creek and our property. (it's positioned right over the well worn deer path down to and along the creek)

and ezbite, no it's definitely not an old stand. we've been in the house 3 years and it's never been there prior years. i walked up close to it the other day - it's shiny new, probably right out of the cabela's or bps packaging. also, i heard a 4 wheeler back there a few weekends ago -probably installation day. (also ezbite, you should know i'm a fellow bills fan - - - i think all of us bills fans would be better advised to spend all fall sundays fishing or hunting - rather than throwing things through our tv's)


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## ezbite (May 25, 2006)

eyewish said:


> (also ezbite, you should know i'm a fellow bills fan - - - i think all of us bills fans would be better advised to spend all fall sundays fishing or hunting - rather than throwing things through our tv's)


hey, i dont throw things at my telly, that would meke me a browns fan.lol. i just yell "what the f#*%" alot 

just a thought on the stand, yea call the developer then and voice your concerns


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## Mushijobah (May 4, 2004)

I will almost bet it is an archery hunter. It is rare to find someone so stupid that they would throw on blaze orange and hunt right behind someones house in a lot of only an acre or so.

If you are in a township, and that lot lies outside of the Homeowners Assoc., they technically can hunt. It might be worth trying to contact the hunter as he enters/exits the stand to build a relationship and see if he is taking proper safety measures to hunt a relatively residential area. You might just get some venison out of the deal . If he/she is problematic, contact whichever company owns the company. They will have no quams with removing the stand, or having the person arrested if he doesn't have permission to be there.


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## Lewis (Apr 5, 2004)

Why dont you just leave a note for the hunter,on or near the tree stand asking him to give you a call?
Maybe together you can discuss your concerns.
He might be a completely legal bowhunter with permission.
Bowhunting is a pretty safe endeavor.
All shots should be within 100 feet of the tree and at a downward angle.
Gunhunting this close would be a definate concern!


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## 4fishing (Dec 7, 2006)

I really never log on just stop in every once in awhile to check out the forums and I saw this post that describes my stand/area and then I saw that you were from cincinnati where I am currently living. If its in the northbend/cheviot area and the woods borders a rode called cedarridge then it is definately mine, if not then nevermind. Talk about coincidence if it is though, on a side note if it is, I do have permission to hunt that area, I go to school at UC and one of my classmates parents has about 6 acres, give or take, behind their house which includes a hill side that leads towards a creek with a newer development on the opposite side. I only bow hunt the area and go out a couple times a week after class for the afternoon hunt. Again if it is me you should see someone out there thursday afternoon, and if not then just disregard all this random info. I spewed out and to help with your situation I think leaving a note as someone mentioned is the best idea.


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## Mushijobah (May 4, 2004)

Well eyewish?


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## Snakecharmer (Apr 9, 2008)

Not being a hunter, what's the deal is the guy shoot a deer in the stream on eyewashs' property. Or is he shoot's it on the property he has permission and the deer jumps the creek and ends up next to eyewash's house. Should eyewash post his property? Inquiring minds want to know! (mine)


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## bkr43050 (Apr 5, 2004)

Snakecharmer said:


> Not being a hunter, what's the deal is the guy shoot a deer in the stream on eyewashs' property. Or is he shoot's it on the property he has permission and the deer jumps the creek and ends up next to eyewash's house. Should eyewash post his property? Inquiring minds want to know! (mine)


No law requires one to post their property with signs. It is up to the individual to know where he/she is and adhere to those property lines. If they shoot a deer on a bordering property they are legally obligated to ask permission to retrieve it from someone else's property.


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## Mushijobah (May 4, 2004)

bkr43050 said:


> No law requires one to post their property with signs. It is up to the individual to know where he/she is and adhere to those property lines. If they shoot a deer on a bordering property they are legally obligated to ask permission to retrieve it from someone else's property.


Correct. Tresspassing and hunting without permission are two seperate issues. To be tresspassing, the owner has to physicly show that his property is not public by signs, fence, or spoken word. With hunting, it is the hunter's responsibility to know that he isn't tresspassing. You will be no questions asked ticketed or arrested if you are caught hunting on land you don't have permission on.

As far as the deer running onto his property: you're right. I might add that if the landowner doesn't allow the hunter to retrieve the deer, the landowner is also obligated to utilize the deer. If not, he pays a fine for neglecting to utilize the slain deer.


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## River Anglin (Feb 18, 2008)

..."I might add that if the landowner doesn't allow the hunter to retrieve the deer, the landowner is also obligated to utilize the deer. If not, he pays a fine for neglecting to utilize the slain deer."....

Not to be argumentative, but the local game warden explained it differently. As I understood it, the landowner has no rights to the deer and if he refuses to allow the hunter to recover it, then it just lays there to rot away. If that is true, it makes a pretty good argument to convince a landowner to let you get your deer.


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## Mushijobah (May 4, 2004)

Yeah, I always heard that if he claimed it, it could be his. Which is explanable by the fact that landowners don't need to tag a deer or have a hunting license to hunt deer. He would simply have to write out a landowner tag and be done with it.

I may be wrong though.


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## Papascott (Apr 22, 2004)

Mushijobah said:


> Yeah, I always heard that if he claimed it, it could be his. Which is explanable by the fact that landowners don't need to tag a deer or have a hunting license to hunt deer. He would simply have to write out a landowner tag and be done with it.
> 
> I may be wrong though.


Deer still needs tagged in with a landowners, homemade tag and checked in as normal.


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## fishingredhawk (Apr 14, 2004)

Mushijobah said:


> Correct. Tresspassing and hunting without permission are two seperate issues. To be tresspassing, the owner has to physicly show that his property is not public by signs, fence, or spoken word. With hunting, it is the hunter's responsibility to know that he isn't tresspassing. You will be no questions asked ticketed or arrested if you are caught hunting on land you don't have permission on.


You are mistaken with your trespassing definition. You should be careful giving legal advice if you are not licensed to do so.


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## M.Magis (Apr 5, 2004)

fishingredhawk said:


> You are mistaken with your trespassing definition. You should be careful giving legal advice if you are not licensed to do so.


Good answer.



> Correct. Tresspassing and hunting without permission are two seperate issues. To be tresspassing, the owner has to physicly show that his property is not public by signs, fence, or spoken word. With hunting, it is the hunter's responsibility to know that he isn't tresspassing. You will be no questions asked ticketed or arrested if you are caught hunting on land you don't have permission on.
> 
> As far as the deer running onto his property: you're right. I might add that if the landowner doesn't allow the hunter to retrieve the deer, the landowner is also obligated to utilize the deer. If not, he pays a fine for neglecting to utilize the slain deer.



I don't beleive any of that is actually true.


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## Mushijobah (May 4, 2004)

The first part is correct. I would hope you knew that!

Second part is...I could be wrong. See, I added a disclaimer!


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## fishingredhawk (Apr 14, 2004)

Mushijobah said:


> The first part is correct. I would hope you knew that!


The problem with people giving advice about the law when they don't know what they are talking about is that they don't understand concepts such as "civil v. criminal" laws. This results in confusion, and lawsuits.

If someone on this website had relied on the trespass definition that you provided above, they may have avoided jail time but could very well have ended up getting sued in civil court for the tort of trespass to land. Look it up.


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## M.Magis (Apr 5, 2004)

> it is the hunter's responsibility to know that he isn't tresspassing.


Just so no one is confused, this sentence is the only part that is correct.


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## Mushijobah (May 4, 2004)

Yeah I was refering to hunting laws, like everyone else was. Glad you added the civil lense as well, it's helpful to know. 

No Magis, BAD MAGIS! You are giving legal advice that might get people in trouble!


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## Biodude (Nov 5, 2004)

I'd like to add my personal story here if I may. I live in NEOhio in a development just as you described. The neighborhood is full of little kids that are playing in backyards and in their woods. We are outside city limits, governed by township regulations (Canfield). We have this one idiot who owns property directly behind our houses. He shoots all kinds of guns well within 30-100 yards of our properties, into a "berm" he has constructed as a "backdrop". Over the years, many neighborhood parents have called the local Austintown police, Mahoning sherrif, township trustees... all to no avail. Apparently, he can shoot to his heart's desire. 
One day I took a sick day from work only to come home to hear the gunshots again. Sounded like a war zone! I went out on my back deck, and, lo and behold, I could actually hear the bullets going through the leaves of the trees in my backyard and occasionally hitting branches! I decided to call the police AGAIN about this and they sent somebody out. I told him about the bullets going past and he seemed extremely skeptical. I invited him into my house and out on my deck. Within a couple minutes the bullets were smashing down branches in my backyard (its only like 200' deep). He had no choice but to admit that's what he saw and heard. He said he would talk to the landowner about this.
Well, long story short, the shooting subsided... temporarily. Now he's back to shooting guns with little kids around.
Austintown trustees say there's nothing they can do about it.
DOES SOMEONE'S PRECIOUS CHILD HAVE TO DIE BEFORE SOME IDIOTS REALIZE THIS IS INSANE!!!
There must be SOMETHING people can do about this!


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## wildman (Sep 3, 2008)

Flat land hunters r dangerous hunters that's all I have to say. LOL ( At least the ones I have hunted with) They forget that bullets travel far and kill things.


Also go talk to them. ( usually don't go the passive rout.) If you tell the farmer that bullets are flying by your house and you have kids that alone should solve the problem.(I would hope at least) Go as a concerned person not with a chip on your shoulder. If that doesn't work shot back LOL


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