ShropshireSam Posted January 10, 2014 Report Share Posted January 10, 2014 Went roost shooting on a boundary of my permission last week. The field margin I was on was on my premission but the adjacent wood the pigeons roost in is not. Twice I entered the wood (ie crossed the boundary) to retrieve shot pigeons. I seem to remember that this is permitted by law for game...but what about pigeons? I emptied the gun and carried it open so clear, if seen, that I am not shooting. I heard today the neighbouring farmer is claiming he has "seen poachers" in the wood. Not sure if this was me he saw as others have permission to shoot this permission as well. I plan to visit the neighbouring farmer and check if it was me he saw and explain my actions/apologise. Would like to know the law before I meet the neighbouring farmer so I know where I stand and ask for permission to retrieve pigeons in the future...if he's not happy with me on the boundary then I'll keep away....I have all my permisisons clustered together so want to keep a good name in the neighbourhood. (Not a shoot on either farm so thats not an issue). Quote Link to comment Share on other sites More sharing options...
Cranfield Posted January 10, 2014 Report Share Posted January 10, 2014 I go on to neighbouring land to retrieve anything shot (not just game), as I think its my obligation to ensure that the creature is dead. I do not carry my gun with me when I do this, I leave it unloaded on "my" side of the fence. Naturally, I take all steps to ensure it can not be stolen and if in doubt, I would lock it in my vehicle and go back for the retrieve. I think visiting the neighbouring landowner is a good idea. Quote Link to comment Share on other sites More sharing options...
motty Posted January 10, 2014 Report Share Posted January 10, 2014 I go on to neighbouring land to retrieve anything shot (not just game), as I think its my obligation to ensure that the creature is dead. I do not carry my gun with me when I do this, I leave it unloaded on "my" side of the fence. Naturally, I take all steps to ensure it can not be stolen and if in doubt, I would lock it in my vehicle and go back for the retrieve. I think visiting the neighbouring landowner is a good idea. This is exactly the way I go about things. I've never had a problem yet. Quote Link to comment Share on other sites More sharing options...
fenboy Posted January 10, 2014 Report Share Posted January 10, 2014 By taking your gun loaded or not you are committing armed trespass which is altogether more serious than simple trespass and could cost you your licence. The sensible thing to do is visit the farms that surround yours and ask for permission to collect any fallen birds in the correct manner. Quote Link to comment Share on other sites More sharing options...
sitsinhedges Posted January 10, 2014 Report Share Posted January 10, 2014 Birds that land on someone elses property become theirs and you have no right to go onto their land to take them, particularly with a gun. Quote Link to comment Share on other sites More sharing options...
yickdaz Posted January 10, 2014 Report Share Posted January 10, 2014 cranfield, motty, and fenboy have said it right on this I to leave the gun on my side of the fence so to speak when I cross over the boundary for shot birds, if you are seen and approached you can just say sorry about this I,m just picking up a few shot birds that fell on your side but if you have the gun with you at that moment its a totally different ball game Quote Link to comment Share on other sites More sharing options...
Cosd Posted January 10, 2014 Report Share Posted January 10, 2014 I go on to neighbouring land to retrieve anything shot (not just game), as I think its my obligation to ensure that the creature is dead. I do not carry my gun with me when I do this, I leave it unloaded on "my" side of the fence. Naturally, I take all steps to ensure it can not be stolen and if in doubt, I would lock it in my vehicle and go back for the retrieve. I think visiting the neighbouring landowner is a good idea. +1 Quote Link to comment Share on other sites More sharing options...
deny essex Posted January 10, 2014 Report Share Posted January 10, 2014 As already said no gun and no cartridges if crossing on to someone elses land, you are ensuring the bird is dead or to dispatch immediately if pricked even if you leave it there it is your obligation to do so. Quote Link to comment Share on other sites More sharing options...
pigeonblasterian Posted January 10, 2014 Report Share Posted January 10, 2014 Do not take your gun when you have to retrieve shot birds on land that you do not have permission on. Quote Link to comment Share on other sites More sharing options...
vampire Posted January 10, 2014 Report Share Posted January 10, 2014 Always collect shot birds from adjacent farm land,but never take a gun with me when retreiving,think they probaly know we are there from all the shots each week Quote Link to comment Share on other sites More sharing options...
ShropshireSam Posted January 10, 2014 Author Report Share Posted January 10, 2014 Thanks for the advice. As you say....should leave the gun behind so can not be considered armed tresspass. Other option I have thought if going out of sight of hide would be to take the forend with me and leave barrels behind and then not armed tresspass and not leaving an unattended firearm? Safest option? But will certainly speak with neighbouring farmer....never know may end up with a new permission! Quote Link to comment Share on other sites More sharing options...
Kes Posted January 10, 2014 Report Share Posted January 10, 2014 I always was told that quarry shot within your boundary and retreived from adjacent land was still your property. I may be wrong but this is apart from the humane obligation we all have. Everyone else has it right with the guns and the adjacent landowner - simple courtesy too. Quote Link to comment Share on other sites More sharing options...
ShropshireSam Posted January 10, 2014 Author Report Share Posted January 10, 2014 I always was told that quarry shot within your boundary and retreived from adjacent land was still your property. I may be wrong but this is apart from the humane obligation we all have. This is what I remember my Grandfather...wise old gamekeeper ..... telling me....if game is shot on your side of the boundary (ie in the air above your land) then you have a right to recover the game from across the boundary...but I do not know if this applies to all quarry or only game? As we all know, the laws on game/quarry has many variations. Knowing how laws differ then this probably only applies to game!! Quote Link to comment Share on other sites More sharing options...
B725 Posted January 10, 2014 Report Share Posted January 10, 2014 Sitsinhedges is right. Quote Link to comment Share on other sites More sharing options...
Kes Posted January 10, 2014 Report Share Posted January 10, 2014 Sitsinhedges is right. Where does it say this please - I'd like to check. Quote Link to comment Share on other sites More sharing options...
sitsinhedges Posted January 10, 2014 Report Share Posted January 10, 2014 Where does it say this please - I'd like to check. If you go onto someones land without permission you are trespassing. The fact you may have shot something is irrelevant. Quote Link to comment Share on other sites More sharing options...
Longchalk Posted January 10, 2014 Report Share Posted January 10, 2014 My understanding (notice I don't claim it's THE IRREFUTABLE LAW, before anyone starts!) from 30 years of beating on different shoots, is that you CANNOT go onto someone elses land to retrieve fallen quarry. We may agree its the responsible thing to do, but unfortunately its still tresspass. And if you carry a gun, broken down or not, its armed tresspass, which is properly serious!..... That said, due to the vagaries of English law, you can however send your dog to retreive it..... But thats not likely to win you many friends either in this day & age. I'd be pleased to be corrected however, if anyone has the definitive legal statute to hand. Quote Link to comment Share on other sites More sharing options...
Kes Posted January 10, 2014 Report Share Posted January 10, 2014 If you go onto someones land without permission you are trespassing. The fact you may have shot something is irrelevant. Not strictly true since trespass is a civil offence (unless armed) and one has to do damage to trespass. It could reasonably legally be argued that you went to retrieve your bag and avoided damaging property as much as was possible and also to ensure the quarry was dead. I dont know but it feels wrong to suggest you cannot collect birds - may be game only as suggested since that used to have a 'value'. Quote Link to comment Share on other sites More sharing options...
Longchalk Posted January 10, 2014 Report Share Posted January 10, 2014 I also believe you can't legally pick up roadkill, if you accidentally hit a deer or a pheasant say whilst driving..... But the next person following along behind you can have it.....Anyone care to confirm or deny? Quote Link to comment Share on other sites More sharing options...
sitsinhedges Posted January 10, 2014 Report Share Posted January 10, 2014 I also believe you can't legally pick up roadkill, if you accidentally hit a deer or a pheasant say whilst driving..... But the next person following along behind you can have it.....Anyone care to confirm or deny? That's also been shown to be incorrect. It's an age old urban myth told to me by my granddad several decades ago. Quote Link to comment Share on other sites More sharing options...
Longchalk Posted January 10, 2014 Report Share Posted January 10, 2014 (edited) Right , I'm now calling myself out for talking carp...... Just googled "BASC retreive game from other land" and they have some published guidance. can't post the link as its a download .pdf doc rather than a webpage , but contains : "Trespass is committed if dogs are sent to retrieve shot game from land without the prior consent of the landowner or occupier" I'll get my coat. Edited January 10, 2014 by Longchalk Quote Link to comment Share on other sites More sharing options...
sitsinhedges Posted January 10, 2014 Report Share Posted January 10, 2014 Not strictly true since trespass is a civil offence (unless armed) and one has to do damage to trespass. It could reasonably legally be argued that you went to retrieve your bag and avoided damaging property as much as was possible and also to ensure the quarry was dead. I dont know but it feels wrong to suggest you cannot collect birds - may be game only as suggested since that used to have a 'value'. I believe if it falls onto someone elses ground it is their property and the fact that you have no right to access that land would confirm this. You don't have to do damage to trespass otherwise anyone could go anywhere with impunity. Quote Link to comment Share on other sites More sharing options...
Longchalk Posted January 10, 2014 Report Share Posted January 10, 2014 That's also been shown to be incorrect. It's an age old urban myth told to me by my granddad several decades ago. In which case, coat is now on and zipped up over mouth! LOL. Quote Link to comment Share on other sites More sharing options...
sitsinhedges Posted January 10, 2014 Report Share Posted January 10, 2014 http://www.shootingtimes.co.uk/sportinganswers/340501/Can_I_retrieve_a_roe_that_I_shot_on_my_neighbours_land.html Quote Link to comment Share on other sites More sharing options...
Kes Posted January 10, 2014 Report Share Posted January 10, 2014 Shooting law: ownership of fallen game When shooting, be aware of your rights and the law Print Comment Mail Feed By Country Queries of The Field Monday, 26 January 2009 Who does fallen game belong to if it lands on a public right of way? Tom Blades, BASC's Head of Gamekeeping, offers the following advice. Once game has been released into the wild there is no restriction on where it may roam. The principle of this, whereby wild animals and birds are free to go from one person's land to another, remaining ownerless (therefore exempt from being "stolen"), has long been accepted. If game is shot and lands dead on a highway, the owner of that highway would have first claim to it. Where game is shot and lands on a public right of way that is adjacent to or crosses the land upon which the gun has authority to be, the gun would have the right to it. If a gun wounds the game which then runs or falls alive on to neighbouring property and he does not have authority to enter, he could potentially commit a poaching offence. If a bird lands dead on the neighbouring property and he enters to retrieve it without permission, a civil offence of trespass could be committed. If the gun were to enter with a firearm then a criminal offence would be committed. Read more at http://www.thefield.co.uk/countryqueries/298966/Shooting_law_ownership_of_fallen_game.html#ZMwHl3brpLu2WgLY.99 Sits, you are correct - my apologies, it must have been another of those things my Dad 'thought' was right. Cheers Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.