Tree Stand

Submitted by RidingBeen t3_zyc0yz in newhampshire

Can I remove a tree stand that someone put up on my property without permission? My land is not posted.

They didn't leave any contact info or anything. It's been up for over a year. Do I just take it down and leave a note telling them to call me if they want it back? Could that be considered harassing a hunter per N.H. Rev. Stat. § 207:57?

Right now I don't even mind that people hunt on my land, I'm just curious what my rights are here if I decide to shut it down someday.

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kurrpy t1_j250zi2 wrote

First off, as a hunter, thank you for keeping your land open to hunting and I'm sorry that my peers aren't respecting you and your property.

Second, it's your land so you should be able to take it down. I'd request that you leave a note for the hunter to contact you to get it back. Big game season is over, so you're not messing with anyone's hunt by taking it down. Disclaimer: I am not a lawyer and this isn't legal advice.

Here's what the NH Hunter's Digest says:

Tree Stands/Blinds: Written landowner permission is required for any tree stand, ladder, or observation blind which damages or destroys a tree by inserting into the tree any metallic, ceramic, or other object. Written landowner permission is also required if any tree is cut in conjunction with the use of any stand or blind or to construct a pit blind. These permits can be found at huntnh.com/licensing/forms.html under "Miscellaneous Permits."

On State-owned and State-managed lands, permanent stands are illegal. Portable stands or blinds may only be erected between August 1 and January 31, and must be removed by January 31.

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kurrpy t1_j2519qu wrote

If there's no name or address on it, there's no way to discern it from being dumped/abandoned so I don't see why you couldn't take it down.

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wojtekthesoldierbear t1_j25uk2z wrote

You can't be harassing a hunter if the season is closed. TECHNICALLY, there is an argument to be made for leaving it up until April since that's when small game season ends and you can zap small game from a tree stand.

You're within your right to remove it. I wouldn't give it a second thought, the deadline has come and gone.

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wojtekthesoldierbear t1_j26eezk wrote

Just read the dates. Didn't know there was a hard limit on tree stands. Guess that makes the saddle an even better investment.

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kberson t1_j25jqva wrote

They may not realize it’s private property

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Chappy_Sinclair_ t1_j250rmf wrote

You could reach out to NH F&G for guidance. Short of that you could take it down and/or leave it in place but write a note asking they contact you before using it/setting it back up.

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fire_drier t1_j25230q wrote

Yes. I’ve had to take a couple down in my day. I hang a sign first giving them a week. I know that isn’t long but they were dicks to come on my land without asking in the first place. I’ve also had to remove game cams. I don’t hang a sign for those.

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bluecollarNH t1_j25op50 wrote

I agree it should be taken down after the season. But, per NH law, if the land isn't posted, you don't NEED to ask permission to use it.

I hunt. I hunt other people's land. I usually ask permission based on what the land seems to be used for/size of the lot. But a lot over 50 acres? Not asking permission.

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fire_drier t1_j25rx5n wrote

I post my land from all the boundaries that are easy to access via my vehicle. It’s just a hair over 50 acres. In the past, people have put up stands or cams in an area that is easily accessible via the neighbor’s property (that he doesn’t have posted) but is hard for me to access without my waders on. There are a few other stands in that area so they might think it’s okay. It’s not. The guys who have stands there are ones that know that I walk my two dogs there every day rain or shine and I don’t fancy being shot.

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bluecollarNH t1_j25xqtp wrote

I would never hunt posted property. OP was talking about unposted property. Huge difference.

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fire_drier t1_j25z7i3 wrote

I understand and agree. I just wanted to clarify that my land may initially appear unposted from some directions, and also note that the law says it must be posted on all property lines in order to be properly posted, but that there could be circumstances in which the landowner strongly prefers to be asked first despite the land appearing to be unposted.

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CheliceraeJones t1_j260a41 wrote

If I cross only your line that isn't posted, I have no way of knowing that it's posted or that you'd "prefer to be asked first".

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fire_drier t1_j260unz wrote

You have no idea about the particulars of my land, the particulars of the land that it abuts, how many people in my community use it, how many people have knowledge of it, or anything really.

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CheliceraeJones t1_j2685ja wrote

>or anything really.

Really dude? Do you have to resort to this kind of bullshit?

Anyway, that's not worth focusing on. The points stands, if I cross a line that isn't posted and it looks exactly like the land that I came from, then I have no way of knowing that the line on the opposite side of your property is posted. And I also have no idea what your preference is (not that it matters what your preference is if you don't post). If you don't post, that's on you. You can always post it so that hunting is by permission of landowner only.

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Qbncgr t1_j299b2k wrote

If you can’t access the entire perimeter of your property, you can post a portion of it. The “no hunting” can be the entire property or just certain parcels. This allows you to post certain areas, such as a pasture, dog walking area, or an area around house/barn.

You could also post “no hunting without permission”. This allows you to control access while still allowing hunting.

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whoisdizzle t1_j25uiwv wrote

So if someone owns enough land you won’t ask permission before discharging guns on their land? Especially your phrasing makes it seem like you know it’s private property. That’s moronic. Sure you are doing Gods work converting more people to like hunters and support 2A

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fire_drier t1_j2601qf wrote

It is actually the law that this is perfectly legal. A landowner needs to post No Hunting signs at 100 yard intervals on all property boundaries to be properly posted as no hunting. In practice, most people know their neighbors and ask first. If the OP doesn’t know who put up the stand, I would recommend hanging a note with a cell number on it to start. Eventually, sure, take it down.

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lendluke t1_j28jhbb wrote

I'm not sure I disagree with you, but saying "that's the law" is somewhat irrelevant, except if law enforcement is involved. If the law said you can hunt in a unposted convenience store, I'd hope we all agree that was legal, no one should do that still.

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Jay_Derkin t1_j25yznk wrote

It’s state law, if you don’t like it then make an effort to change it.

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bluecollarNH t1_j25y0yp wrote

You're assuming I'm using firearms to hunt. Wrong.

Also, I'm not trying to convert anyone to anything. NH law states if it's not posted, you can hunt it, simple as that.

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Crazy_Hick_in_NH t1_j2606dt wrote

This further confirms my position that landowners don’t “really” own the land they think they own. If one did, s/he wouldn’t need to post signage prohibiting such “public” use.

Right or wrong, I still don’t know how I feel about this…seems like we’re sold an ownership “lie” and for what?

What I also find interesting is the 10 acre common use tax classification. Am I understanding correctly in that if you own 10+ acres and place the tract into common use, you could obtain an additional 20% reduction in tax payments (on top of what is provided as a result of common use status) IF you also keep your land open to public use?

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GraniteGeekNH t1_j268dc1 wrote

I believe you are correct about tax status. The idea is that New Hampshire is a better place for everybody if we can make use of it, so let's give a financial incentive to keep woodlands open to all.

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Crazy_Hick_in_NH t1_j26kjfd wrote

So long as we’re talking about land taxes accordingly, I’m all for this. I mean, if you own that much property and aren’t doing anything with it besides placing it in common use (I.e., tax relief), why not?

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Jay_Derkin t1_j25yu3n wrote

They were fully within their legal right to hunt on your land without asking, and few people in NH care about that. That being said, it’s always best to ask.

Edit - proof for all you idiots downvoting factual info.

https://www.wildlife.state.nh.us/hunting/where-hunt.html

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2_dam_hi t1_j26355v wrote

Hunt, yes. Install a permanent tree stand? Not so sure.

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Jay_Derkin t1_j263ca1 wrote

A stand strapped to a tree isn’t permanent.

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SolitudeNH t1_j29mpp4 wrote

You are correct that they can legally hunt and put up a tree stand. BUT OP is also legally 100% allowed to take that tree stand, as it’s on their property, hence why it’s considered polite and smart to ask permission to hunt property and put up stands

Edit; also, I don’t think “few people care about that”. I own a couple hundred acres, and care very much that people ask permission. Especially as we then tell them no tree stands with bolts or hardware into the tree and take them down off season, as we have and continue to harvest lumber off our land for hundreds of years, and nothing fucks the headsaw up like a tree stand spike.

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Jay_Derkin t1_j258d8r wrote

A tree stand abandoned on your property is now your property. That said if your land isn’t posted then the hunter has done nothing wrong. All land in NH is public land open for all public activities unless posted otherwise.

I’d leave a note on the stand for them to contact you, they may not even know they crossed a boundary.

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TreePointOhhhhh t1_j259wrc wrote

☝️This is the proper way of handling it. Leave a note and give it some time.

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ManWhoFartsInChurch t1_j28v74e wrote

>A tree stand abandoned on your property is now your property. That said if your land isn’t posted then the hunter has done nothing wrong.

That last part isn't true - you can't leave a treestand on private property without landowner permission even if the land isn't posted.

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Jay_Derkin t1_j28vail wrote

Call fish and game and then reply back once they educate you.

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Enomancer t1_j25cdfu wrote

>All land in NH is public land open for all public activities unless posted otherwise

What's your source for this, please? The most essential right in common law land ownership is exclusivity i.e., the right to evict others.

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Jay_Derkin t1_j25cz0x wrote

https://www.wildlife.state.nh.us/hunting/where-hunt.html

Straight from the state. Keep in mind nowhere did I say you can’t evict someone or post it, but if not posted all land is public.

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2_dam_hi t1_j263gwd wrote

Also from your link:

>Based on long-standing tradition, nearly all lands in the state of New Hampshire are open to hunting. The "rule of thumb" in New Hampshire is: all state, federal, municipal, county and private land is open to hunting unless it is posted against hunting. However, hunting is a privilege granted by the landowner -- not a right granted to the hunter.

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Jay_Derkin t1_j263ksu wrote

Read further down. Don’t stop at what reads conveniently for your position. It’s all public unless posted.

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cwalton505 t1_j25kt0l wrote

Just call fish and game. They can give you a clear answer and they're one of the best governmental offices we have. They can let you know exactly what you can do now and give you advice for any future concerns. It will likely be simple and easy as one would expect but just check the box and you then can make a note of that record.

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IDUU t1_j25wnn9 wrote

I’ve done this numerous times on different lots I have. I’ve asked the FG warden, and been confirmed. It’s your land, they left it on your land, it’s yours now, congrats on your new stand!

I own a lot of woodland, family has had it for over 100+ years. We don’t have it all posted except the pieces I hunt personally. It’s not legally required to get permission to hunt unposted land, but it is considered proper etiquette, though sadly few hunters abide by this. But even if you do flout the common curtesy of asking permission, it’s especially shitty to leave your stand up off season, as it’s damaging to the trees. During the season, I’d leave a note with a number attached saying “this is on my land without permission, I’m giving you one week to remove it yourself if I will” as a courtesy. Out of season, fuck that, for all intents and purposes they abandoned trash on your property, that shits yours. If next season they come back raging that you took their stand (they won’t) tell them to take it up with FG, which will tell them to piss up a rope.

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GraniteGeekNH t1_j268oeu wrote

havent' heard "tell them to piss up a rope" in a long time!

wonder where that phrase came from?

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NHGuy t1_j2729vz wrote

The first and last person who tried?

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BurningPage t1_j27cwd1 wrote

“Oh boy, they’ll be telling people to go do this for years to come”

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Jay_Derkin t1_j25z6zc wrote

There really is no “out of season” yet. Night hunting is open until the end of march.

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IDUU t1_j268bc7 wrote

Night coyote hunting starts Jan 1 through march 31st, and to the best of my knowledge and personal experience, no one coyote hunts where you seasonally deer hunt, as coyote hunting is heavily though not solely based on baiting, though sometimes you call them in, and you don’t generally like to attract coyotes to the exact spot you also hunt deer.

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Jay_Derkin t1_j268rnn wrote

The coyotes don’t run the deer off long term, particularly mid winter when they’re most active. It’s just the natural cycle of nature, by next fall the deer will still be there.

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demoran t1_j25d8de wrote

It's your tree stand.

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thrunabulax t1_j25eql6 wrote

over a year? its now officially yours

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jjmenace t1_j25pn0r wrote

Aren't they supposed to have a name on it?

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Doug_Shoe t1_j25hhd6 wrote

If ***it's been up for over a year*** then it's abandoned. Likely the person forgot where he set it up.

Disclaimer I'm not a lawyer. But I don't see any way that could be harassing a hunter. No one has been hunting for a year. He's only storing the tree stand on your land.

Again, see disclaimer. But if someone leaves something on my property then it's mine. I don't see any criminal case being made that I stole it. I don't see any civil case either but talk to an actual lawyer if you are worried about that.

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JimTheJerseyGuy t1_j267nkt wrote

Give them as much courtesy in taking it down as they did you in putting it up.

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Impossible-Bear-8953 t1_j25njzi wrote

Our land is posted but we still find them. We tend to cut the straps and drop it. Leave it for a few weeks. Then we haul it out. If it's not picked up in 30 days, we give it away.

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ARoseThorn t1_j2609pp wrote

This exact situation happened to my family. We’re happy to have people hunt on our land but expect courtesy of asking for permission if you’re gonna install anything. Tree stand was very close to a few trails used by some families as well. We took the seat home with us and left a note explaining where to find it and that we’d appreciate a head’s up next time. Never heard from the owner. Take it down and leave a note I’d my advice!

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oper8orAF t1_j25h9ga wrote

I would take it down, leave a note and put it behind the shed for awhile. If you don’t hear from anyone consider it yours to do as you please. I had one up on a neighboring property and someone stole the bottom section of latter where my contact info was engraved 🤦🏻‍♂️

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decayo t1_j27rx84 wrote

I'd get your land posted. There are just so many dipshits out there doing whatever they want. Now you've got people installing equipment on your land. I've only got 5 acres, but if I had a big property, I just don't think I could trust the type of people running around these days to have access to it.

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reddittheguy t1_j25svkz wrote

You bet your ass you can.

​

Source: Have taken down permissionless tree stands from family private property more than once.

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Jay_Derkin t1_j25zai8 wrote

They don’t need permission to put a stand up unless it’s clearly posted.

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Pbtflakes t1_j266ve6 wrote

They do if it causes any damage to the tree.

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reddittheguy t1_j26hm1z wrote

And you don't need permission to take it down if its on your land.

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NHGuy t1_j272u1j wrote

According to the statues listed here they do

https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.wildlife.state.nh.us/licensing/documents/blind-use-permit.pdf

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Jay_Derkin t1_j273jdk wrote

You may want to read those rules again. You can’t damage a tree or screw things into it, but you can absolutely put a stand up without permission given that it does neither of those things.

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Strict_Zebra_3585 t1_j26g093 wrote

Thank you for allowing your land to be hunted! I agree with the earlier post stating that you have the right to take it down. However, a note would be nice.

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redvis5574 t1_j268trt wrote

Ahh you found my tree stand. Last time I was up there bird watching I ate a whole bag of (Maine bought) edibles and I totally forgot which tree I hung it on…

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MrBHVAC t1_j26y3mv wrote

Pretty much anything in NH falls to the “AHJ”(authority having jurisdiction) so I would call local PD or fish and game office. Get anything you can in writing to CYA then take it down if you choose to

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rudyattitudedee t1_j271a9y wrote

It’s your land. If someone has left something on my land and I decided I didn’t want it there I’d leave a note where it was with your contact info. Someone just walking around is a different story if your land is not posted. It’s nice of you to do that. I’ve wandered onto private property without knowing and if someone asked me to leave I would without a fuss.

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FloozyFoot t1_j27cmcu wrote

The statute only covers public lands. They have no rights on your land, posted or not. You're being nice by letting them hunt there in the first place.

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Rixtertech t1_j27od3k wrote

Take it and leave a note - "Not responsible for items left over 30 days."

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kstan617 t1_j28j2u1 wrote

I just took my neighbors fence down with a chainsaw last week because it violated my easement rights to the beach. But I'm in Massachusetts so I'm a masshole. But he's a bigger masshole. You seem like a nice guy. I wouldn't give it another thought should you decide to do away with tree stands on your property.

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gweased_pig t1_j294nmt wrote

Got some of these on my place. F&G take was it's abandoned property if there 30 days after close of deer season.

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catslapper69 t1_j29vumw wrote

You should start your own hunt, a hunt for the most dangerous game of them all. Wait day and night with eyes on the tree stand until your target approaches and then strike fast and hard.

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BothCourage9285 t1_j25hxkv wrote

It is your land ultimately so you can do as you wish, but hunters appreciate you making the effort.

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FloozyFoot t1_j256mi6 wrote

I wouldn't, personally. I'd cut down the tree. If it's your property, why would you need permission to take their tree stand down?

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FloozyFoot t1_j2fryvc wrote

You guys know that statute is only for public lands, right? Downvote facts you don't like, but that don't change em

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