JonathanL Posted December 13, 2012 Report Share Posted December 13, 2012 Don't know about Scotland but in E&W there are no property rights in any wild growth although a land owner has a right to 'take' certain things. Once the wild thing is dead then it is property of whomever owns the land it is on. J. Quote Link to comment Share on other sites More sharing options...
guest1957 Posted December 13, 2012 Report Share Posted December 13, 2012 (edited) 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. There are some people who would go for nominal damages, costs and an injunction because they're miserable so and sos with plenty of cash. Not worth it for a bird in my books. Particularly pertinent if they are against shooting sports. Edited December 13, 2012 by guest1957 Quote Link to comment Share on other sites More sharing options...
Gimlet 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. Yes I have got game/wild the wrong way round, but l seem to remember on the course it was emphasised that such cases remain untested in court so there was no definitive answer. Sounds like hedging so I looked in Deer: Law and Liabilities and it says there that the principles of common law assumes ownership of a carcase to be vested in the landowner, but the only example given of a recarded case was from the 1970s when the issue was whether or not the land was enclosed and subject to game license exemption. The book notes that no ruling was made on the issue of carcase ownership so technically it remains untested, which may be why the DSC1 course I did recommended a prior arrangement with neighbouring landowners or permission obtained verbally before retrievel. Which does seem the most sensible course. I know trespass is committed if your bullet or shot passes over the boundry regardless of where any carcase lies. Quote Link to comment Share on other sites More sharing options...
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