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Anyone else been caught trespassing?

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#41 ·
Land in NJ does not have to be posted. Private land is private land. Years ago we had probelsm with people riding ATV's on our property. We caught them during bow season and called the police. We filed a complaint and was told the only one that can press c harges for trespassing was the owner of the property.
 
#42 ·
Land in NJ does not have to be posted. Private land is private land
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That's true for a civil charge in civil court. But in the context of municipal court for vilation of the tresspass statute you have to have the undeveloped land posted in accordance with the statute, and/or the individual being charged had to have a prior warning so as to know the non-posted land was private.

The land owner can sue in civil court for money damages without posting, but criminal charges may not stick
 
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Discussion starter · #43 ·
I hope he nails you for tresspassing in court... Its about time some of the propery owners finally went through with signing a complaint instead of bitching about it on here. It is the hunters responsiblity to know where he is at.
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If you read any of my posts leading up to your comment you'd see that I'm willing to accept responsiblity for my alledged trespass violation. The landowner didn't file a complaint, the person who has permission to hunt on the property did. It's not as black and white as you are making it out to be. I was only looking for the possible penalty if found guilty.

I wasnt supposedly trespassing until I got off the quad (on property I was allowed to be on) and walked the 10 yards to help retrieve the buck. Its not like there was a fence or other boundary markings. It was in the middle of a snow covered wooded area with the closest posted sign being about 500 yards away. If anyone suggests doing a mile-radius walk through the woods to see if there are posted signs and calling the landowner, then it's obvious you've never been in this particular situation.
 
#46 ·
You mean like the owner not properly posting his land? Closest sign 500 yards. Sounds like the OP is trying to do the right thing.

Or, the hunter filing charges that he was not entitled to file?
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No I mean like the hunter not caring and/or not being responsible enough to make it his business to know where he does and doesnt have permission to go
 
#49 ·
you should of gotten a warning
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x2.

If the property is not properly posted and you truly made an honest mistake, express such in court.

This is why I post my properties very heavily, so there's little room for someone to say they "didn't see any posted signs". There's never a reason to trespass for hunting, but, a honest mistake is an honest mistake.
 
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#50 ·
It seems the OP cares. He was 10 yards over the line.....I've had surveys of my land off by more than that. Even in the absence of posting signs, I'd proabaly still get a lawyer to plead my case.
 
#51 ·
I agree with TOMTAG,only the owner can press trespassing charges.The person who has permission can only be a witness and appear in court if owner presses charges.This is how it went down when we pressed tresspassing charges against a tresspasser.Griz
 
#52 ·
if it was a honest mistake i feel that guy should rot in hell for callin the cops on you, we're all hunters , we all love the outdoors we are supposed to stick together . i noticed on this site when someone needs prayers everyone sticks together , but when a guy steps on someone's property to recover a deer someone wants a guy fined and hit in the pocket its just crazy
 
#53 ·
every one keeps saying you need written permission, you don't, you need permission written or oral Page 26 in the digest upper right hand corner trespass law. i keep a copy of the digest with me to show the officer the law when they ask about written. but you better have permission because they will check and fast.

you may want a copy of that in court.
 
#54 ·
The person who has permission can only be a witness and appear in court if owner presses charges.This is how it went down when we pressed tresspassing charges against a tresspasser
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Not entirely true. If the person who has written permission is also authorized by the landowner, he can also press charges as if he was the landowner.
 
Discussion starter · #55 ·
Not entirely true. If the person who has written permission is also authorized by the landowner, he can also press charges as if he was the landowner.
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That's what I was told by the court administrator in the municipality from which the complaint orginated. She said there's a statute that allows permitted users of private land to file complaints on behalf of the land owner.

And for everyone wishing me nothing but stiff penalties and a life in purgatory, you're on a hunting website and I was recovering a deer that was shot on property I was allowed to be on. Seems like some of you troll this website looking to bash safe and otherwise law-abiding hunters.
 
#57 ·
That's what I was told by the court administrator in the municipality from which the complaint orginated. She said there's a statute that allows permitted users of private land to file complaints on behalf of the land owner.
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That is definate evidence you want to see, and if it's not provided, you are off the hook.
Also he has to prove you were definitly on his land somehow, (via survey, pics, posted signs, etc) and if he doesn't you also walk.
Fight this, you will win. There are a lot of hoops he has to jump through, and I suspect you will walk on some technicality if you don't admit you did tresspass.
Good luck.
 
#58 ·
Although I didn't intentionally trespass, I was told by a local police officer that when I went to recover a deer, I entered into private property
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I was recovering a deer that was shot on property I was allowed to be on
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But then you went onto someone elses property... ask permission next time before going for a recovery. look up the properties and know where you are at. Its your responsibility to know where you are when hunting. You are prob one of many people doing the same thing on this guys property and the hunter who is allowed to be there is sick of it. Consider yourself a good example of what not to do, tell the whole hunting world on a website and cry about it. Bashing a
safe and otherwise law-abiding hunter
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you did that yourself with your original posting title.
 
#59 ·
The landowner didn't file a complaint, the person who has permission to hunt on the property did.
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She said there's a statute that allows permitted users of private land to file complaints on behalf of the land owner.
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Question is....Did the landowner grant this person that type of authority? And Did you happen to be assaulted while on that land cause someone could find themselves liable for assaulting you on land they don't actually own. There is a pricker in every bouquet of roses if ya know what I mean.
 
#60 ·
I hunt with floyd on the same property, the guy that made the complaint knows everyone in our hunting group and he knows we take the path in and out of the woods every saturday. his issue was not the fact of trespassing it was the fact one of our hunters shot a buck. Pure "ego" trip over the fact that he hasnt shot any deer this season and the only thing he could do is complain about being 10 ft on the wrong side of the line. He will get his ticket next time he crosses the line to get a deer, fair is fair
 
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