utectok Posted December 12, 2012 Report Share Posted December 12, 2012 (edited) This is in scotland I had assumed you could retrieve shot birds from a neighbours land? Perhaps not? Today I winged a bird that came down on the foreshore below high water mark. Went to retrieve it (with dog) and got yelled at by a neighbouring shoot thing is it was the foreshore adjacent to my permission and I thought the foreshore was ok? I know the farm I shoot owns the land to the sea so strickly this was on my permission? I shot it on my permission in a wooded area but shooting out to sea so not towards neighbours shoot. Perhaps the neighbours just don't like me shooting next door ( the farmer won't let me put any birds down on my permission ). Mind you my neighbours never usually never shoot this farm it's left as a buffer farm with the main shoot the next three farms. Anyway be good to know where I stand ? Edited December 12, 2012 by utectok Quote Link to comment Share on other sites More sharing options...
Bleeh Posted December 12, 2012 Report Share Posted December 12, 2012 (edited) I don't know about Scotland, but in England the game is property of who's ever land it is on (alive or dead). If you shoot a bird and it falls on the neighbors land, it then belongs to your neighbor. You can't legally go get it without permission, as it then belongs to him. Shoot a Gold medal red stag and it stumbles over the border? - it then belongs to your neighbor. Edited December 12, 2012 by Bleeh Quote Link to comment Share on other sites More sharing options...
utectok Posted December 12, 2012 Author Report Share Posted December 12, 2012 I think it's diffrent in scotland but if your right what about below high water mark in sea foreshore ? Quote Link to comment Share on other sites More sharing options...
Bleeh Posted December 12, 2012 Report Share Posted December 12, 2012 In all honesty I'd just avoid shooting that close to the border, and try and keep everyone happy. Quote Link to comment Share on other sites More sharing options...
utectok Posted December 12, 2012 Author Report Share Posted December 12, 2012 (edited) Yeah I hadn't realised they were shooting (in the last 20 yrs this is the first time they shot that wood) thing is it's a new keeper and he obviously thinks things should be diffrent! Edited December 12, 2012 by utectok Quote Link to comment Share on other sites More sharing options...
Albert 888 Posted December 12, 2012 Report Share Posted December 12, 2012 I may not know the law but i have allways been tought to retrieve if possible leaving the gun behind,or just put the dogs on it. Quote Link to comment Share on other sites More sharing options...
Dougy Posted December 13, 2012 Report Share Posted December 13, 2012 I thought if it was wounded then its your responsibility to insure it does not suffer any longer than possible therefore you must dispatch it ASAP. Bearing in mind you must avoid the armed trespass route. which as you know your projectile counts too.. If it were to go to court i would have thought it would not go too far. Your neighbour sound a rite grumpy so & so. Does he also own the land under the sea up to the next country. Quote Link to comment Share on other sites More sharing options...
Dave-G Posted December 13, 2012 Report Share Posted December 13, 2012 Could it be that the 'yeller' felt peeved that since you'd shot game you had'nt put down, it must therefore be what he put down and you copped something for nothing? Unfair but tough luck sort of thing? Quote Link to comment Share on other sites More sharing options...
utectok Posted December 13, 2012 Author Report Share Posted December 13, 2012 Yea maybe I wish I could have made out what they were yelling something about "its our bird" but that's about it? They were about 1/2 a mile away. I never bothered replying just picked the pheasant and went on my way Quote Link to comment Share on other sites More sharing options...
bullet1747 Posted December 13, 2012 Report Share Posted December 13, 2012 To be fair isn't it right to put the bird out of pain rather than argue who owns the bloody thing Quote Link to comment Share on other sites More sharing options...
Gimlet Posted December 13, 2012 Report Share Posted December 13, 2012 I don't know about Scotland, but in England the game is property of who's ever land it is on (alive or dead). If you shoot a bird and it falls on the neighbors land, it then belongs to your neighbor. You can't legally go get it without permission, as it then belongs to him. Shoot a Gold medal red stag and it stumbles over the border? - it then belongs to your neighbor. I thought deer were a different matter because they're not game. If the animal was shot when both it and the shooter were on the shooters land but ran onto neighbouring land where it died the carcase belongs to the shooter but he cannot retrieve it without permission as that is trespass, and if he retrieves it with his rifle in his hand it is armed trespass. I may be wrong, but I thought that was the situation. A phone call to the neighbour and a piece of venison usually does the trick. A good reason to stay on friendly terms with the neighbours. Surely the same approach with birds should keep things sweet? Quote Link to comment Share on other sites More sharing options...
Kes Posted December 13, 2012 Report Share Posted December 13, 2012 I have always been told that game remains the property of the person from who's land it came if it was shot so, dead or alive you ARE allowed to retrieve it but NOT with a gun in your hand. I stand to be corrected but its an opinion I've held for years - its also the only sporting thing to do as any injured bird must be rccovered and despatched as soon as possible. It may be deemed trespass if you damage anything but the game belongs to him from whose land it came if injured. Alive and fit, it belongs to who's land it is on. Quote Link to comment Share on other sites More sharing options...
al4x Posted December 13, 2012 Report Share Posted December 13, 2012 I thought you had done DSC1 Gimlet that sure isn't the case in England where the deer is the property of whoevers land it died on. Scotland may be different, in this case are we to assume you shot a pheasant and retrieved it from a neighbouring shoots land? If so then as you put no birds down and are shooting theirs I can see why they would get the hump and expect them to be onto your landowner to voice their displeasure. Its how neighbourly disputes start. Quote Link to comment Share on other sites More sharing options...
robbiep Posted December 13, 2012 Report Share Posted December 13, 2012 Alive and fit, it belongs to nobody. The instant pheasants, etc are released from a rearing pen, they become 'wild' in law, and have no owner Unless I'm very mistaken wasn't this covered by one of the shooting magazines a couple of months ago ? Quote Link to comment Share on other sites More sharing options...
Whitebridges Posted December 13, 2012 Report Share Posted December 13, 2012 Building good relationships with your neighbours is the thing. We have an understanding that anything wounded is retrieved and dispatched regardless of who's land it's on. Works for everyone and the bird/animal in question. Quote Link to comment Share on other sites More sharing options...
al4x Posted December 13, 2012 Report Share Posted December 13, 2012 bet you wouldn't have the same opinion if next door didn't release any and were shooting yours, I reckon thats the issue. Like you we have the same deal on all fronts works both ways but we would have issues if they didn't put birds down Quote Link to comment Share on other sites More sharing options...
Whitebridges Posted December 13, 2012 Report Share Posted December 13, 2012 bet you wouldn't have the same opinion if next door didn't release any and were shooting yours, I reckon thats the issue. Like you we have the same deal on all fronts works both ways but we would have issues if they didn't put birds down I'm not so sure al4x it's about that at all. One neighbour puts down a lot more than the others, but perhaps the others have invested more in rearing wild birds and habitat. We honestly don't have any bitchiness about access to land to find/dispatch anything wounded. Quote Link to comment Share on other sites More sharing options...
al4x Posted December 13, 2012 Report Share Posted December 13, 2012 We don't but I guess from a distance its hard to tell someone collecting a runner from someone dogging birds back over the boundary, there will be some form of misunderstanding here and really the only way to work things out is talk to the keeper next door Quote Link to comment Share on other sites More sharing options...
utectok Posted December 13, 2012 Author Report Share Posted December 13, 2012 I thought you had done DSC1 Gimlet that sure isn't the case in England where the deer is the property of whoevers land it died on. Scotland may be different, in this case are we to assume you shot a pheasant and retrieved it from a neighbouring shoots land? If so then as you put no birds down and are shooting theirs I can see why they would get the hump and expect them to be onto your landowner to voice their displeasure. Its how neighbourly disputes start. Not quite right I retrieved it from the foreshore adjacent to my permission. Although it was a bay and you could say it was equidistant from there land as it was from mine. It was in water ie the sea though. I would not have shot it if I thought the neighbours were shooting but as I say they haven't shot the farm for 20 years Quote Link to comment Share on other sites More sharing options...
utectok Posted December 13, 2012 Author Report Share Posted December 13, 2012 bet you wouldn't have the same opinion if next door didn't release any and were shooting yours, I reckon thats the issue. Like you we have the same deal on all fronts works both ways but we would have issues if they didn't put birds down I would happily put birds down but the farmer won't allow it. Do bare in mind this is not an organised shoot it's just me going on a wander with dog and gun. Quote Link to comment Share on other sites More sharing options...
guest1957 Posted December 13, 2012 Report Share Posted December 13, 2012 I have always been told that game remains the property of the person from who's land it came if it was shot so, dead or alive you ARE allowed to retrieve it but NOT with a gun in your hand. I stand to be corrected but its an opinion I've held for years - its also the only sporting thing to do as any injured bird must be rccovered and despatched as soon as possible. It may be deemed trespass if you damage anything but the game belongs to him from whose land it came if injured. Alive and fit, it belongs to who's land it is on. Trespass is actionable per se so no loss or damage needs to be shown. Unless you have permission to do so you shouldn't really be going onto the land of another to retrieve shot game. Quote Link to comment Share on other sites More sharing options...
Robin128 Posted December 13, 2012 Report Share Posted December 13, 2012 Have a look thru BASC website... http://www.basc.org.uk/en/departments/game-and-gamekeeping/game-shooting/disruption-of-shoots-by-demonstrators.cfm Quote Link to comment Share on other sites More sharing options...
anser2 Posted December 13, 2012 Report Share Posted December 13, 2012 utechtoc , I do not think you have done anything to worry about. The bird was shot while over your land , it fell on public foreshore ( Scotland ) next to your ground , so where is the problem? Quote Link to comment Share on other sites More sharing options...
Chris Bb Posted December 13, 2012 Report Share Posted December 13, 2012 I think it's diffrent in scotland but if your right what about below high water mark in sea foreshore ? In England land down to the High Water line is owned by the landowner. From Low Water line seawards is owned by the Crown. Between High Water and Low Water is usually (about 60% of the time) owned by the Crown but may be another Crown Agency, like Duchy of Cornwall, or may be privately owned, either by the adjacent landowner or by the local Council, it's a minefield! Scotland may well be different! Quote Link to comment Share on other sites More sharing options...
JonathanL Posted December 13, 2012 Report Share Posted December 13, 2012 Trespass is actionable per se so no loss or damage needs to be shown. Unless you have permission to do so you shouldn't really be going onto the land of another to retrieve shot game. It would be pointless to being an action though as you wouldn't get anything and it means nothing to the person found to have been trespassing. The only point would be to support an injunction for someone not to do it again. J. Quote Link to comment Share on other sites More sharing options...
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