Trespassers

I would give him a written notice advising him not to attend your property. That is an official tresspass warning. If he returns he is will be charged under POA. As a land owner, you can make pretty well anything a prohibited act on property.

You may also have him officially "tresspassed" from the property by police.
 
Why is it that because someone has trespassed on property in the past, they feel they should be allowed to trespass when they want. I have a similar sized property and it pisses me off to no end to find signs of trespassers. The lines are marked clearly, but they don't care.
 
Don't know about Ontario but the Manitoba regs state no one is allowed to hunt a road allowance, there is no qualification about being open or closed or having a road or not, it just says no hunting on a road allowance
 
His bullet or pellets cannot enter your private property so.......it's got to be pretty tough shooting a flying bird and keeping the pellets off your land. Get him charged if you can.
 
There are loud mouth, know it all, red neck a$$holes like your wife's work mate no matter where you go. First off I would determine exactly where your property lines are, and if indeed there is a n unopened road allowance. Then post your land no trespassing. Then go to the OPP (police) and find out what there are willing or not willing to do if your call them. The answers you receive from the OPP will determine the strength of your conversation you will have with your wife's work mate.
My father-in-law had a dry sense of humor and justice. In such circumstances as this he would cut himself a long slender stick, then with a several Kleenex's in hand he would deposit the Kleenex in the fill neck to the gas tank then poke it well down with the stick, depending on the severity of the trespass offence the Kleenex would then be followed up with a bottle (large) of "Old Time" maple syrup. The trespassers vehicle would function just fine for several days or more until the Kleenex started to break down and get drawn into the filter eventually clogging it. The syrup of course would mix with the gas did not do the engine any favours. This course of action is in line with Kamlooky's suggestion of back woods justice, which at times is the only thing these boys understand.
 
Fire306 said:
... Thus trespassing to recover the game is the only option.
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Nonsense!! Do you really think bowfishing rigs are only for fish!? 100lb line is usually fine for dragging deer back off neighbor's private property, but if there's stumps they can get caught on, you may wanna go with 150lb.

Shot placement is key. The less they run, the less line you'll need. If you're not a proficient shot, you'll need strong wrists, or to swap the reel knob out for a cordless drill.
 
kodiakjack said:
Nonsense!! Do you really think bowfishing rigs are only for fish!? 100lb line is usually fine for dragging deer back off neighbor's private property, but if there's stumps they can get caught on, you may wanna go with 150lb.

Shot placement is key. The less they run, the less line you'll need. If you're not a proficient shot, you'll need strong wrists, or to swap the reel knob out for a cordless drill.
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Sounds like fun. I've been training all my life and didn't even know it!
 
galamb said:
The Unopened Crown Road Allowance is exactly what it sounds like - it's "Crown Land" that is simply "not-opened", meaning that no road is currently there BUT it's reserved in case, at some later date, the County (which has jurisdiction over the unopened allowances in their county) want's to either 1) develop it into a road or 2) deem it surplus and sell it off.

Adjacent and abutting Landowners have NO SAY in who, how, when, why or how ANY member of the public uses that "CROWN LAND". The County has jurisdiction and unless they pass a by-law on how the allowance may be used, it's "open to the public for any legal use".

(do people have to get permission to drive down the road in front of your house simply because your property abuts the street? Why would it be different just because it's not paved or hard surface?)

So the short answer is YES, he can hunt on the unopened allowance provided that 1) he follows all applicable laws/rules (hunting regs, by-laws etc) and 2) he does not trespass onto the adjoing/abutting properties even to recover game that was shot in the allowance that crossed the "line", without landowner permission.

Now, given that a unopened allowance is almost always only 66 feet wide there isn't much to play with.

The usual use for an unopened allowance is to traverse to other crown OR private land beyond the abutting private property and that is where most of the friction occurs (ie. atv's going past adjacent properties - land owners posting the allowance to try and keep them out etc.

The only sure way to keep "everyone" out, if that's what you are after, is to go to the County and make an application to buy the allowance. It can be a (somewhat) long and expensive prospect, but in the end you would own the allowance as well and you post everything.
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Bingo! This is considered crown land...no different then a right of way to a lake. The public has access to use this land as long as there are no restrictions for the type of activity he/she is doing.
 
bush1 said:
That's the key here. Certainly they can hunt the 66' wide road allowance but they can't retrieve downed game that happened to fall on your land without your permission. Make sure you make them aware of that fact and the fact that you will report them to to a Conservation Officer if they trespass.
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A land owner cannot prevent a hunter from recovering down game on their property if the game was shot outside their property. If a hunter contacts the proper authority to request entrance to recover game, the land owner cant prevent it. A CO provided me this info not long ago. Having said that, a hunter cant just help themselves to the land, they need to follow proper protocol.
 
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1963beretta said:
A land owner cannot prevent a hunter from recovering down game on their property if the game was shot outside their property. If a hunter contacts the proper authority to request entrance to recover game, the land owner cant prevent it. A CO provided me this info not long ago. Having said that, a hunter cant just help themselves to the land, they need to follow proper protocol.
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I have actually been told the exact opposite from a CO. You are supposed to make all efforts to recover game, but if it requires trespassing you must obtain permission and it's up to the property owners discretion whether or not they allow entry.
I wouldn't keep this guy off from recovering game, I'm just saying it always amazes me how opinions vary so much between CO's.
 
mrgoat said:
There are loud mouth, know it all, red neck a$$holes like your wife's work mate no matter where you go. First off I would determine exactly where your property lines are, and if indeed there is a n unopened road allowance. Then post your land no trespassing. Then go to the OPP (police) and find out what there are willing or not willing to do if your call them. The answers you receive from the OPP will determine the strength of your conversation you will have with your wife's work mate.
My father-in-law had a dry sense of humor and justice. In such circumstances as this he would cut himself a long slender stick, then with a several Kleenex's in hand he would deposit the Kleenex in the fill neck to the gas tank then poke it well down with the stick, depending on the severity of the trespass offence the Kleenex would then be followed up with a bottle (large) of "Old Time" maple syrup. The trespassers vehicle would function just fine for several days or more until the Kleenex started to break down and get drawn into the filter eventually clogging it. The syrup of course would mix with the gas did not do the engine any favours. This course of action is in line with Kamlooky's suggestion of back woods justice, which at times is the only thing these boys understand.
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Im not saying I agree or disagree with backwoods justice. But I am going to say that sometimes taking part in such activities turns you into the only convicted criminal. I know a couple folks that learned that the hard way
 
In AB you can not keep someone off a road allowance. There are many many many road allowances most ppl don't know are there.

So you can not kick ppl off the road allowance if its the same as AB.

BUT, if its the same as AB, while on the road allowance if you shoot your bullet can not cross onto the private land beside the allowance. And you can shoot forward, but most officers here frown upon it.
 
I had to ask my own uncle for permission to hunt on his land on Manitoulin. I'm supposed to have written permission, but he's elderly and been sick, so I didn't push him for it. Everyone in that area knows him by first name, and he owns a large sect of land, a good chunk of barrie island. This guy is approaching it all wrong, should be buttering up your wife to get permission if you ask me.
My uncle charges a group of hunters I'm sure a pretty hefty fee for their use of his land.
 
Fence along the property line and the road allowance might help if not there. A good fencer battery is always good for a laugh too.
 
Fire306 said:
It's not even that I really want to post the land, its that this guy is "telling" me he's hunting there, rather than asking me if he can hunt there... like he is the one who spent his hard earned money on it, not me.

Yes the road allowances are 66 ft wide here, it really does bother me though that people think its their open property to hunt, but reality is, they are very unlikely only hunting the 66 ft, they are hunting the 150 yard wide stretch that is visible from the allowance and that especially deer hunting, even if they did shoot on the allowance, the likelihood of the deer falling there on the allowance is slim to nil. Thus trespassing to recover the game is the only option.
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I'm sure its the same as ontario. I CAN shoot a deer on a road allowane or property I am allowed to hunt and have that deer die on someone's property I have no access too. I can even shoot a deer %100 knowing it will die on land I have no access too. All legal.
To recover the deer, you are to call the land owner and inform them and ask for access to get the animal. They can deny you. Than your next step is to call the fish and wildlife and tell them the locattion and the land owner you spoke with. F and W takes over from there. Technically, you can deny access to a officer unless they have a warrant to access the land. And they will get one if needed.

This is the law in AB, im sure its similar where you are.
 
1963beretta said:
A land owner cannot prevent a hunter from recovering down game on their property if the game was shot outside their property. If a hunter contacts the proper authority to request entrance to recover game, the land owner cant prevent it. A CO provided me this info not long ago. Having said that, a hunter cant just help themselves to the land, they need to follow proper protocol.
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I actually just looked this up on the Ontario Hunting Regs, it says is a wounded animal enters private property, you must obtain permission to enter the property to retrieve the animal.
 
Fire306 said:
I have actually been told the exact opposite from a CO. You are supposed to make all efforts to recover game, but if it requires trespassing you must obtain permission and it's up to the property owners discretion whether or not they allow entry.
I wouldn't keep this guy off from recovering game, I'm just saying it always amazes me how opinions vary so much between CO's.
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Thats funny. The CO said that a landowner cannot prohibit an accompanied hunter's entry. Now that I think about it, he didnt specify accompanied by who...the land owner, a CO, law enforcement or any of the above. One would think that a CO could certainly not be restricted. They can do whatever they feel necessary without a need for a court order to do so. He also did mention the fact that it is against the law to interfere with a legal hunt....and game recovery is part of a legal hunt. Food for thought i guess
 
Fire306 said:
I have actually been told the exact opposite from a CO. You are supposed to make all efforts to recover game, but if it requires trespassing you must obtain permission and it's up to the property owners discretion whether or not they allow entry.
I wouldn't keep this guy off from recovering game, I'm just saying it always amazes me how opinions vary so much between CO's.
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this is in AB,but wouldn't surprise me if its the same in ont.

We have a law that says you basically can not cause any animal hunted un do pain/stress.. so if I shoot a deer walk up to it and its still alive, law says I have to put it out of its misery. If I don't, I am breaking the law. We also have a law that states you must make every single possible effort to recover your game.
Both of these laws contradict a officer telling you that you can deny someone access to the animal they shot.
 
TedNugent said:
I had to ask my own uncle for permission to hunt on his land on Manitoulin. I'm supposed to have written permission, but he's elderly and been sick, so I didn't push him for it. Everyone in that area knows him by first name, and he owns a large sect of land, a good chunk of barrie island. This guy is approaching it all wrong, should be buttering up your wife to get permission if you ask me.
My uncle charges a group of hunters I'm sure a pretty hefty fee for their use of his land.
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Manitoulin requires written permission. Period. Be careful if you don't have it, they will charge you. I know someone who was charged, the charge is hunting without a license as your license is not valid on property you do not have a permission slip for. We carry slips (google them, its a government form) on our own property, I carry one signed by me. Even though for years now the CO's haven't asked us for them. Yes, we get checked almost every year. They usually just look at our licenses and our deer, they know its the same group every year on our land, so I assume that's why they don't ask us anymore for the slips.
 
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