Hatcher Posted February 25, 2014 Report Share Posted February 25, 2014 I am currently in the process of acquiring my shotgun certificate, and I was wondering about the legal side of shot landing on somebody else's land. I would be firing on private land, there would be however, be a chance of shot being rained onto surround crop fields (with the help of potential rogue winds). What I was wondering was, Is it illegal for your shot to carry onto fields that you do not have permission on? Even though the quarry you are shooting at is on your land? Hatcher Quote Link to comment Share on other sites More sharing options...
Chris B123 Posted February 25, 2014 Report Share Posted February 25, 2014 Yes, illegal. Quote Link to comment Share on other sites More sharing options...
r1steele Posted February 25, 2014 Report Share Posted February 25, 2014 Yes, illegal. +1 Quote Link to comment Share on other sites More sharing options...
poontang Posted February 25, 2014 Report Share Posted February 25, 2014 It's a trespass, therefore a civil matter. Have a word with the adjoining landowner and explain your situation. If it's a farm then you're probably helping to protect his crops anyway, so he'll probably be ok about a few bits of shot landing in his fields. Quote Link to comment Share on other sites More sharing options...
FatherandSon Posted February 25, 2014 Report Share Posted February 25, 2014 I didnt realise it was illegal! Where I used to fish there was a shoot in the adjoining fields. Amd on a saturday we used to get showered with shot, it was annoying, one piece hit me under the eye as I was looking skyward!! Quote Link to comment Share on other sites More sharing options...
HDAV Posted February 25, 2014 Report Share Posted February 25, 2014 (edited) Yes, illegal.Can you back that up please as I don't believe it is legal, the shot must fall within the boundary you have permission to be in and not outside it. Edit:I'm a dingus! Edited February 25, 2014 by HDAV Quote Link to comment Share on other sites More sharing options...
FatherandSon Posted February 25, 2014 Report Share Posted February 25, 2014 Can you back that up please as I don't believe it is legal, the shot must fall within the boundary you have permission to be in and not outside it.I think thats what he is saying..... Quote Link to comment Share on other sites More sharing options...
wymberley Posted February 25, 2014 Report Share Posted February 25, 2014 It's a trespass, therefore a civil matter. Have a word with the adjoining landowner and explain your situation. If it's a farm then you're probably helping to protect his crops anyway, so he'll probably be ok about a few bits of shot landing in his fields. +1 Tort Quote Link to comment Share on other sites More sharing options...
oscarsdad Posted February 25, 2014 Report Share Posted February 25, 2014 Can you back that up please as I don't believe it is legal, the shot must fall within the boundary you have permission to be in and not outside it. Read what he wrote again maybe? Quote Link to comment Share on other sites More sharing options...
Chris B123 Posted February 25, 2014 Report Share Posted February 25, 2014 Can you back that up please as I don't believe it is legal, the shot must fall within the boundary you have permission to be in and not outside it. As I said illegal. Interesting what Pootang said though that its trespass, and only a civil matter. I wonder if it would be classed as armed trespass?. Quote Link to comment Share on other sites More sharing options...
HW682 Posted February 25, 2014 Report Share Posted February 25, 2014 This is BASC take on the matter... However if you shoot over footpaths, only do so if you have permission to drop shot over the land on the other side. To fire a bullet or shot onto land that you have no right to shoot into or over is ‘constructive trespass’. Whilst this is a civil matter BASC strongly advises not to do this. It is also a basic safety precaution not to shoot into cover where you cannot be sure what your projectile(s) will hit. It is especially important to apply this when shooting near footpaths obscured by hedges or foliage. It is good practice to only shoot across footpaths where you can see approaching users from a long way off and be certain you will not cause danger or alarm. Please note that in the case of air weapons it is a criminal offence to fire an air pellet outside the boundary of your permitted premises. from the rights of way factsheet http://basc.org.uk/firearms/guidance-and-fact-sheets/ Quote Link to comment Share on other sites More sharing options...
poontang Posted February 25, 2014 Report Share Posted February 25, 2014 (edited) As I said illegal. Interesting what Pootang said though that its trespass, and only a civil matter. I wonder if it would be classed as armed trespass?. No. If you enter private land without permission with your gun that would be armed trespass. A serious criminal offence, with serious consequences. If only your shot crosses a boundary onto private land that would be a civil offence of trespass. If you shoot a bird on your land and it falls on private land, you would be committing a trespass by going to pick it up without permission. Again, a civil offence. If however, you take your gun with you then it becomes armed trespass, with all that entails. Sending your dog onto private land is also a trespass. Edited February 25, 2014 by poontang Quote Link to comment Share on other sites More sharing options...
Kes Posted February 25, 2014 Report Share Posted February 25, 2014 In my assessment Poontang is absolutely correct. The police will tell you not to do it (shot falling outside boundary) but it is NOT a criminal offence. No-one will take you to court as the last case of trespass I followed, the damages awarded was 1p. Take the advice given and ask the adjacent landowner if he could accept occasional shot falling on his land and you are away with the mixer. IT IS NOT illegal, its just unwise and un-neibourly. Make absolutely sure its 'falling' or spent shot. DO NOT shoot horizontally over someone else's land. Quote Link to comment Share on other sites More sharing options...
HDAV Posted February 25, 2014 Report Share Posted February 25, 2014 Read what he wrote again maybe? Good idea............ I saw legal................. (note to self, read post twice before jumping to reply...) Quote Link to comment Share on other sites More sharing options...
Chris B123 Posted February 25, 2014 Report Share Posted February 25, 2014 Good idea............ I saw legal................. (note to self, read post twice before jumping to reply...) No harm done. Quote Link to comment Share on other sites More sharing options...
shaun4860 Posted February 25, 2014 Report Share Posted February 25, 2014 When we moved clay grounds we had to make sure all the shot landed in the perimeters of the land we had rights to shoot on Police came out and measured this as part of our section 11c certificate Quote Link to comment Share on other sites More sharing options...
r1steele Posted February 25, 2014 Report Share Posted February 25, 2014 In my assessment Poontang is absolutely correct. The police will tell you not to do it (shot falling outside boundary) but it is NOT a criminal offence. No-one will take you to court as the last case of trespass I followed, the damages awarded was 1p. Take the advice given and ask the adjacent landowner if he could accept occasional shot falling on his land and you are away with the mixer. IT IS NOT illegal, its just unwise and un-neibourly. Make absolutely sure its 'falling' or spent shot. DO NOT shoot horizontally over someone else's land. How would it work if I had shot landing on neighbouring land and rather than being taken to court for trespass I was taken for possibly causing lead contamination of his land? I don't know the answer but would it be a viable option for the landowner if he wanted to be unreasonable? Quote Link to comment Share on other sites More sharing options...
Dekers Posted February 25, 2014 Report Share Posted February 25, 2014 As above, and think about it another way, your neighbour shoots and shot keeps falling on your roof, conservatory, car, lettuce, flowers, and you, when you are out sunbathing, what would your reaction be to this hail of lead poisoning your land ? Quote Link to comment Share on other sites More sharing options...
HDAV Posted February 25, 2014 Report Share Posted February 25, 2014 As above, and think about it another way, your neighbour shoots and shot keeps falling on your roof, conservatory, car, lettuce, flowers, and you, when you are out sunbathing, what would your reaction be to this hail of lead poisoning your land ? Ask the farmer who owns the land next to Southern Counties shooting ground (IIRC the shot never actually fell on his land but the water ran on to it) Quote Link to comment Share on other sites More sharing options...
poontang Posted February 25, 2014 Report Share Posted February 25, 2014 How would it work if I had shot landing on neighbouring land and rather than being taken to court for trespass I was taken for possibly causing lead contamination of his land? I don't know the answer but would it be a viable option for the landowner if he wanted to be unreasonable? Bloody hell, how much shot are you planning on using? Remember where lead comes from in the first place. I doubt it would be a viable option as the landowner would have to prove that in all probability it was you're shot that had poisoned his land. I expect that would be an incredibly expensive exercise with no guarantee that he could prove it was you who actually fired the shot in the first place. He could maybe secure an injunction to stop you shooting close to his property if he could prove your activity was preventing him from enjoying his peace due to noise issues. Quote Link to comment Share on other sites More sharing options...
Kes Posted February 25, 2014 Report Share Posted February 25, 2014 How would it work if I had shot landing on neighbouring land and rather than being taken to court for trespass I was taken for possibly causing lead contamination of his land? I don't know the answer but would it be a viable option for the landowner if he wanted to be unreasonable? The 1p was for damaging anothers grass by walking on it. The key problem would be if found guilty and costs were awarded against you - thats more than 1p. The law is reasonable, for the most part, and the evidence would have to be produced and it confirmed it was from your gun whilst you were shooting it - I think thats impossible. Quote Link to comment Share on other sites More sharing options...
Scully Posted February 25, 2014 Report Share Posted February 25, 2014 On one of our rough shoot days season just gone we were walking a steep banking parallel to the river which borders part of our land. Some of he guns were walking the field below us waiting for birds to flush. When they do they break for the wood across the river, which is also shot over but not by us. We were aware of a couple walking their dog on a public footpath at the bottom of the wood on the other side of the river but as we weren't shooting in that direction we weren't concerned. A pheasant flushed and made for the wood, and was shot by one of the lads directly overhead, but he must have left it a little late and swung through past the vertical though at the time we didn't know it. The bird was killed outright and its momentum carried it across the river where it landed in the wood. He sent his dog across the river and it was retrieved, but the female of the two walkers wasn't amused and we could hear her shouting to her partner that she didn't like what we were doing. Anyhow, that evening the landowner had a visit from a local copper who said he was following up on a report made earlier in the day by a woman who claimed she had been shot at.We can only assume the spent shot fired by the gun must have come down in the wood and peppered the woman. The copper went on his way totally satisfied with this explanation,and added that he got the impression the woman was over egging her 'ordeal' somewhat, but in future I think we'll wait until any walkers have passed us by on the far bank. I think, but am not sure, that falling shot on a public footpath/bridleway is 'interrupting someone in their lawful pursuit'. Quote Link to comment Share on other sites More sharing options...
Kes Posted February 25, 2014 Report Share Posted February 25, 2014 On one of our rough shoot days season just gone we were walking a steep banking parallel to the river which borders part of our land. Some of he guns were walking the field below us waiting for birds to flush. When they do they break for the wood across the river, which is also shot over but not by us. We were aware of a couple walking their dog on a public footpath at the bottom of the wood on the other side of the river but as we weren't shooting in that direction we weren't concerned. A pheasant flushed and made for the wood, and was shot by one of the lads directly overhead, but he must have left it a little late and swung through past the vertical though at the time we didn't know it. The bird was killed outright and its momentum carried it across the river where it landed in the wood. He sent his dog across the river and it was retrieved, but the female of the two walkers wasn't amused and we could hear her shouting to her partner that she didn't like what we were doing. Anyhow, that evening the landowner had a visit from a local copper who said he was following up on a report made earlier in the day by a woman who claimed she had been shot at.We can only assume the spent shot fired by the gun must have come down in the wood and peppered the woman. The copper went on his way totally satisfied with this explanation,and added that he got the impression the woman was over egging her 'ordeal' somewhat, but in future I think we'll wait until any walkers have passed us by on the far bank. I think, but am not sure, that falling shot on a public footpath/bridleway is 'interrupting someone in their lawful pursuit'. The land under the footpath is 'owned' by someone and whilst not advocating shooting over whilst walkers are using it, dropping spent shot on a footpath which is part of the land you shoot over, isnt an offence. Quote Link to comment Share on other sites More sharing options...
Scully Posted February 26, 2014 Report Share Posted February 26, 2014 (edited) The land under the footpath is 'owned' by someone and whilst not advocating shooting over whilst walkers are using it, dropping spent shot on a footpath which is part of the land you shoot over, isnt an offence. That sounds about right; thanks for that. Edited February 26, 2014 by Scully Quote Link to comment Share on other sites More sharing options...
Hatcher Posted February 27, 2014 Author Report Share Posted February 27, 2014 Cheers for the responses guys. Certainly cleared a few things up, much appreciated. Hatcher 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.