My family owns a house in West Yarmouth . Was was thinking about deer hunting down there for archery season. The house backs up to a 10 acre piece of land that is owned by an out-of-state company. In Massachusetts you don't need landowner's permission unless it is posted, or in the town bylaws. Cannot find anything on the town website. Does anyone know if you need permission in Yarmouth? I only ask because I know someone that took a deer in an urban area. It end up falling in someone's yard. Thankfully he was completely legal with all the setbacks. No violations found.
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Landowner's permission ?
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MisterHappy
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Do you want to act lawfully, or ethically? If hunters were to hunt my land (as opposed to passing through to track a wounded animal), I'd appreciate an ask, which I'd grant.
Will hunting on the 10-acre plot cause issues, if you take a deer, and Ms.Dogwalker sees you gutting bambi, and calls the cops? You may be legal, but will it work out well?
The out-of-state company: why do they own an empty piece of land? What type of company are they?
If you have checked the town's website, I'd say you have done your due diligence.
Will hunting on the 10-acre plot cause issues, if you take a deer, and Ms.Dogwalker sees you gutting bambi, and calls the cops? You may be legal, but will it work out well?
The out-of-state company: why do they own an empty piece of land? What type of company are they?
If you have checked the town's website, I'd say you have done your due diligence.
Mark from MA
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Check with the town of Yartmouth offices. I would not ask the police.
If there are no ordinances, then.....
If your hunting on your land and you are not in violation of any neighbors setbacks you are good to go.
If your hunting on the ten acre piece and its not posted your good to go. However
It is polite to ask permission and if you get it, if a deer does end up on someone elses property, you look like less of an asshat to the police and game warden. . Because whats going to happen is the Wardens next call will be to the landowner of the property your hunting.
And if that landowner is pissed you wont look to good.
If your using a fixed stand that will be in place while your not hunting you should have permission. I wouldnt like someone coming in and leaving shit on my property without permission. Or, It would then become mine.
If there are no ordinances, then.....
If your hunting on your land and you are not in violation of any neighbors setbacks you are good to go.
If your hunting on the ten acre piece and its not posted your good to go. However
It is polite to ask permission and if you get it, if a deer does end up on someone elses property, you look like less of an asshat to the police and game warden. . Because whats going to happen is the Wardens next call will be to the landowner of the property your hunting.
And if that landowner is pissed you wont look to good.
If your using a fixed stand that will be in place while your not hunting you should have permission. I wouldnt like someone coming in and leaving shit on my property without permission. Or, It would then become mine.
Mark from MA
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I think many landowners appreciate an ask at the very least, even if not posted.
I agree with everyone about asking. My fear was I sent an email to corporate asking for use. And I get an email back saying, Sir thank you for your inquiry. But it is our policy not to Grant access to our Land for the safety of blah blah blah. Maybe I will start with an a neighbor to the left or right first. If just one of the abutters would Grant permission I would have enough room to set up a stand and be legal. I wonder if the 500 feet for archery will ever change.
MisterHappy
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Probably to 1000.
![[rolleyes]](/xen/styles/default/xenforo/smilies.vb/042.gif "Roll Eyes [rolleyes]")
Seriously, though. I'm unclear on the setback issue that you're having. Are you trying to get 500' from your house? Or another's house? Were you planning to set up a stand on the abutting property?
500ft from neighbor's house. Ideally the stand would go on my property. But A neighbor neighbor would have to allow me to be under 500 feet of their dwelling, about 350 now. Or I would have to push back to the ten-acre corporately owned peace. And use a climber which I don't care for. That way I'm not leaving a stand up on someone else's property. I don't know the neighbors personally. Neither one live there year-round. One of them is down a handful of weekends a year. I think the other one may rent it quite a bit. Always seems like different cars in the driveway.
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Mark from MA
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When crafting an email or note to landowners one of my first statements is to cite the state law that says landowners that allow access for recreational purposes such as hunting are protected from lawsuits by state law.
I also put that on my information /permission card that I enclose for their signature.
MisterHappy
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About the neighbor that's 350 - is it a straight, clear shot, or are there trees? Can you see the house? I'd hit them up, as you're using a bow, and that's a bit of range, unless you were trying to hit the house. Get a permission slip, and it's not a problem (whether the local ordinances require written permission, or not, having it in writing is preferable).
The point about landowners not being liable, mentioned above, is important. The time to hit up the neighbors is now, when the damage that the deer caused to their shrubs is still evident.
If you don't know their names, you can get that from the town.
Keep us posted - this will make a nice case study for the HE class I'm helping with, this fall.
Out of state company - barring any town ordinances I wouldn't worry about it. If it were owned by an individual I would ask.
There's a fair amount of land in my neck of the woods owned by out of state timber companies. It is not posted. I have no qualms about hunting on it. Especially since it abuts public. But that's just me. That said I'm as courteous as I can be. I don't hang permanent stands, I don't leave anything out in their timber, and I absolutely do not puncture the tree, leave screw in steps, etc. or do anything that would devalue their timber or damage their logging equipment were they to clear cut or selectively timber the land one day.
YMMV... but that's what I do.
You can use this site to look at property lines and identify property owners:
http://massgis.maps.arcgis.com/apps....html?appid=47689963e7bb4007961676ad9fc56ae9#
There's a fair amount of land in my neck of the woods owned by out of state timber companies. It is not posted. I have no qualms about hunting on it. Especially since it abuts public. But that's just me. That said I'm as courteous as I can be. I don't hang permanent stands, I don't leave anything out in their timber, and I absolutely do not puncture the tree, leave screw in steps, etc. or do anything that would devalue their timber or damage their logging equipment were they to clear cut or selectively timber the land one day.
YMMV... but that's what I do.
You can use this site to look at property lines and identify property owners:
http://massgis.maps.arcgis.com/apps....html?appid=47689963e7bb4007961676ad9fc56ae9#
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There are 4 or 5 spots that I hunt deer on in zone 9 that are similar to what you describe except they are out of state "real estate holdings". Very large tracts of land some well over 200 acres. Not posted. We hunt them with no issue. On x hunt application has helped me out big time the last 2 seasons as I know exactly where the boundaries are with home owners and I can stay clear.
I got questioned one time two years ago hunting one of these spots..... I entered the woods after parking on the public road about 150 feet from a house.....I was not on her property but was way less that 500 feet from here house.....i was not loaded up just entering the woods. She came out and yelled at me that it's illegal to hunt that close to her house. I politely and professionally corrected her statement......mam I'm not allowed to discharge a fire arm within 500 feet of your house. I'm just walking with an unloaded fire arm at this point. She disappeared back into her living room.
Dennis in MA
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This would be my guess. Contacting legal for permission to do something that's already legal is going to guarantee you get shut out.
Make sure it isn't posted somewhere else on the property. While the posting regulations are pretty clear, I'd rather be on a plot that is 100% not posted than one that "missed posting a section" even though I was within my rights. Especially considering you are an abutter and not some shlub that drove up and decided to hunt there for the halibut.
I'm out in western MA. There is a ton of land owned by people who no longer live in the area. There is also a bunch of land owned by state agencies for conservation. Many folks are getting Chapter 61B (recreational land) tax breaks.
The general sense I get from locals (people who grew up in the area) is that hunting unless posted is fine. The issue is really where do you park to get access and how close you get to their house. No one likes a strange truck parked in their front yard. They also don't like it when their dogs start barking and there is a strange man in the back yard. People who are anti-hunting or want to keep the deer for themselves are religious about posting signs from what I have seen.
I've been here 5 years now and generally, people who want to park or need access to get their deer out of the woods will stop and ask permission. When someone asks for access to get their deer out I generally offer my tractor and/or ATV and help them get it out making everyone's life easier....a few weeks later I usually get some frozen meat to thank me![[smile]](/xen/styles/default/xenforo/smilies.vb/001.gif "Smile [smile]")
The general sense I get from locals (people who grew up in the area) is that hunting unless posted is fine. The issue is really where do you park to get access and how close you get to their house. No one likes a strange truck parked in their front yard. They also don't like it when their dogs start barking and there is a strange man in the back yard. People who are anti-hunting or want to keep the deer for themselves are religious about posting signs from what I have seen.
I've been here 5 years now and generally, people who want to park or need access to get their deer out of the woods will stop and ask permission. When someone asks for access to get their deer out I generally offer my tractor and/or ATV and help them get it out making everyone's life easier....a few weeks later I usually get some frozen meat to thank me
Got the final okay today. Neighbors all gave me permission everyone was good about it. Looks like I'll have a late-season archery spot with some pretty good potential. Which is nice because I'm striking out up here. And it's not for a lack of trying I have spent a lot of time in the woods already.
HorizontalHunter
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