A[Maryland]Farmer;5674291 said:
Is one not allowed to comment if only part of a thread is read? I did not see that in the rules. My bad.
Here we go again. Anti hunting/Anti gun horse farmer neighbor tresspassing
- Thread starter GutPile
- Start date
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Is one not allowed to comment if only part of a thread is read? I did not see that in the rules. My bad.
We have a few lawyers here. What would be the theory of liability under which horselady could attack you for something you do on your own property. How is a shot from a muzzleloader different from nailing some shingles on your roof or driving a car past her pasture ?
Ultimate liability. Which SCOTUS appears to have shot down per the case linked earlier in the article.
Basically it’s the theory anything you do, you are liable for. However SCOTUS in the case took the view that if your activities are legal, typical effects from them do not lend liability.
Example, blasting or gunshots making really loud noises. If that is legal, said things you can’t be held liable for scaring someone. Or causing horses to stampede, etc. Now if your activities were not legal, you could be held liable (not part of that SCOTUS case, but sharing anyway). Such as setting off illegal fireworks and scaring animals. Or violating noise ordinances, such as shooting at 9pm when an ordinance says quiet hours from 8pm till 7am or something.
It looks like the last time someone tried something like this in court the defendant won. Tom vs Calvary Assembly of God. Fireworks were permitted, precautions taken. Cows freaked out. Farmer sued. What do these people do every-time a fire truck goes down the road? Send out law suit threats?
lowoncash
Baned
Be sure to document any damage to your property or personal injury caused by stampeding horse.
Johnthetoolguy
Ultimate Member
Ref posts 74 and 75. Multi quote button no worky for me tonight.
You know, I'm not 100% sure the land owner actually donated the land to the non profit. He could just be letting them use it rent free. But I do know that they built a new barn / storage building on the property in the last 6 months. It is within eye shot of the man's house. The non profit had to wait until a certain event had taken place at the man's house before construction could start. He also had to approve the plans for the building even though he is not on the BOD (at least he wasn't when I was volunteering there) because he can see it from his house. So there are all kinds of stipulations this non profit has to deal with.
You know, I'm not 100% sure the land owner actually donated the land to the non profit. He could just be letting them use it rent free. But I do know that they built a new barn / storage building on the property in the last 6 months. It is within eye shot of the man's house. The non profit had to wait until a certain event had taken place at the man's house before construction could start. He also had to approve the plans for the building even though he is not on the BOD (at least he wasn't when I was volunteering there) because he can see it from his house. So there are all kinds of stipulations this non profit has to deal with.
I would speak to to the DNR/Game Warden and if possible have them come out and verify/inform your neighbor you are within the law. Yes I know you are correct and are being confirmed that with all the posters here but she is probably being misinformed on the other side the same way. By having the LEO verify and hopefully inform the neighbor while they are there, you preempt any legal issue they may feel entitled to. This also documents your permission and can inform them of there trespassing warning.
huesmann
n00b
You are aware that if you Quick Reply at the bottom of Page 1 of a 10-page thread, the reply ends up on...A[Maryland]Farmer;5674291 said:
Wait for it...
Page 10.
Right?
horse crap
As a retired NRP officer I can tell you that I have never seen or heard of this 40 or 50 foot buffer. Your property is yours from edge to edge. I would agree that having a meeting with the neighbors is a good idea and you can explain how you hunt and the various seasons. Perhaps even offer to call the day before muzzleloader or firearms season so they can use a different field or stable the horses. On the down side I have dealt with numerous horse owners who really are in their own world and fit many of the descriptions I've seen here. I would be very careful in my dealings with them to not show aggression or you may become an example of the red flag laws we all love sooooo much. Safe hunting and remember the sport is supposed to help us relax so if it is causing stress step back and think it thru.
As a retired NRP officer I can tell you that I have never seen or heard of this 40 or 50 foot buffer. Your property is yours from edge to edge. I would agree that having a meeting with the neighbors is a good idea and you can explain how you hunt and the various seasons. Perhaps even offer to call the day before muzzleloader or firearms season so they can use a different field or stable the horses. On the down side I have dealt with numerous horse owners who really are in their own world and fit many of the descriptions I've seen here. I would be very careful in my dealings with them to not show aggression or you may become an example of the red flag laws we all love sooooo much. Safe hunting and remember the sport is supposed to help us relax so if it is causing stress step back and think it thru.
Good post dgough.
A simple trespass thread, which has an easy answer, has brought out the "hate" that we now know lies in MDS. More like a moms demand action forum post. I have a range I can walk to on a neighbors property, their neighbors hunt a full 200 yds away and got pissed I was shooting (actually while deer are grazing nearby watching me) so we coordinated days, have a meeting every year, call out DNR just to talk and alleviate their concerns during the actual season. Easy Peasy, one has to love a friendly neighborhood.
Many fail to see the movement to remove firearms from citizens and if they were to get this thread posted to a newspaper you could bet they would try to make more laws seeing the aggressive nature of gun owners over a simple trespass incident. That is all this is, a trespass, don't push it to the next level in such a fashion. Or go ahead, poke the Bloomberg/Soros hornets nest.
A simple trespass thread, which has an easy answer, has brought out the "hate" that we now know lies in MDS. More like a moms demand action forum post. I have a range I can walk to on a neighbors property, their neighbors hunt a full 200 yds away and got pissed I was shooting (actually while deer are grazing nearby watching me) so we coordinated days, have a meeting every year, call out DNR just to talk and alleviate their concerns during the actual season. Easy Peasy, one has to love a friendly neighborhood.
Many fail to see the movement to remove firearms from citizens and if they were to get this thread posted to a newspaper you could bet they would try to make more laws seeing the aggressive nature of gun owners over a simple trespass incident. That is all this is, a trespass, don't push it to the next level in such a fashion. Or go ahead, poke the Bloomberg/Soros hornets nest.
ISODiopter
Member
Less accurate shots
Point out that you faced the stand in that orientation based on the fact that your shots will be more accurate in his direction if your body position isn't contorted 180 degrees around the tree, Ask him to verify his wishes and offer to comply with the understanding that he is increasing the likely hood you hit his animals and that you won't be held liable, as he is the cause of the increase in shot difficulty.
Point out that you faced the stand in that orientation based on the fact that your shots will be more accurate in his direction if your body position isn't contorted 180 degrees around the tree, Ask him to verify his wishes and offer to comply with the understanding that he is increasing the likely hood you hit his animals and that you won't be held liable, as he is the cause of the increase in shot difficulty.
rcreynolds
Member
- Nov 4, 2015
- 65
Hoseses ass
Perhaps horse dude should be reminded that horses are like cows, ruminants, and emit climate warming methane to the atmosphere. Perhaps he should explain the necessity of his "hobby or sport" in light of the damage it clauses our planet.
Perhaps horse dude should be reminded that horses are like cows, ruminants, and emit climate warming methane to the atmosphere. Perhaps he should explain the necessity of his "hobby or sport" in light of the damage it clauses our planet.
IslandCrLeverGun
Member
50-foot “buffer”
I wonder if that reference is to a 50’ setback requirement for outbuildings (garages, etc.). That is a requirement in Talbot Co. Perhaps they are trying to infer that the stand is such a structure - which obviously it is not.
I agree with the previous suggestions that this was an attempt to get you to stop using the stand, and if not, then to lay some background for possible future legal action in the event that some incident caused damages that they would want to blame on you.
Those folks have a lot to learn about how to act neighborly.
I wonder if that reference is to a 50’ setback requirement for outbuildings (garages, etc.). That is a requirement in Talbot Co. Perhaps they are trying to infer that the stand is such a structure - which obviously it is not.
I agree with the previous suggestions that this was an attempt to get you to stop using the stand, and if not, then to lay some background for possible future legal action in the event that some incident caused damages that they would want to blame on you.
Those folks have a lot to learn about how to act neighborly.
fabsroman
Ultimate Member
I would not mention any of that. I wouldn't even bring up the fact that I might be shooting "toward" their property, albeit on a downward angle from a tree stand such that the bullet impacts on my own property. Would not even mention that.
About the only thing I would do is send them an e-mail response asking if they would like to meet to discuss the matter. If the response is a "no", then the only other thing I would do is provide them with an e-mail a day or two before I plan to hunt. Problem is, I don't always have a day or two of advance notice before I go hunting. I hunt as time allows.
The OP's situation might be different. The OP already sent a response too. It will be interesting to see how this relationship between the OP and the horse owner from the UK evolves over this hunting season and the upcoming years.
- Jan 17, 2013
- 1,682
It's likely to be a frustrating season at times. I've dealt with neighbors that dont like me hunting and go out of their way to make it troublesome. I just keep at it. In my case, they eventually gave up.
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Sent from my SM-G960U using Tapatalk
Samlab
Active Member
My suggestion would be to always put yourself in the other persons shoes. In this day and age you dont know these people well. Therein lies the potential for escalation and you become a statistic. Move your stand, tell them no problem at all you were unaware and you love horses. Why you ask? Horse people have lots of Money! Your deer stand being the reason he gets a top notch litigator who drains your wallet for the sake of his client to torment you with litegius actions. On your property or not his liability is more valuable than yours and he knows it. Moral of the story...never muck with Horse owners.
fabsroman
Ultimate Member
Things can be worked out between reasonable people/neighbors. It is called compromise. However, some people want to have everything their way. The question ends up being, is the OP AND his neighbor both reasonable. If one is not, then it cannot be worked out. If both are unreasonable, then the attorneys and justice system get more work/money.
Know your enemy. AACO for many years now has had the highest amount of horses per capita in the country. Current county executive is a horse person. So in MD will people lean towards horses or guns? Many of these are expensive horses purchased for children to enjoy the most dangerous sport in the country, so the fight will be for their children’s safety as best they can. One horse we are currently rehabbing from an injury has a price tag of $700K, I can get you a good deal, so imagine their attorneys.
Deer are bad for horses, ticks and disease so there is a common ground.
Glad I’m not in this lol, staying neutral however I’m sure I’ve lost friends for giving these posts of experience. There’s a way to work this out. Good luck op.
Popcorn.
Deer are bad for horses, ticks and disease so there is a common ground.
Glad I’m not in this lol, staying neutral however I’m sure I’ve lost friends for giving these posts of experience. There’s a way to work this out. Good luck op.
Popcorn.
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