Trespassing?

patinlouisiana

Active Member
Messages
2,361
Location
Baton Rouge, La
I came out of the woods the other day and a man and the Game Warden were waiting for me on the rode.
The Warden said this man had filed a complaint that I had trespassed through his hunting lease. Well we have this piece of property that is land locked and we access through this piece of property to the nearest county road. I carry in my backpack a copy of a signed landowner agreement stating we have right of access through the property. We have been using this jeep road since the mid 70s. The game warden didn't appear to care. He asked the man if he wanted to press charges and he said yes. So now I have to deal with a trespassing tick and a court date. My main question is why the warden asked this man that has no land rights and has a temporary hunting lease, if he wanted to press charges. As far as I know a temporary lease does not override a signed landowners agreement.
I was just curious what ya'll thought about this or if any of you had ever run into a similar situation?
Be safe and shoot straight!
 

Rancher

Member
Messages
61
I’d have to agree with you that the landowner would override any other person he lets hunt or use his property.

I believe this will all go away, I wouldn’t worry about it.
 

Nogocyclist

Member
Messages
626
Location
Clinton MS
If you know the landowners, it may be wise to call them and let them know what their leaser is trying to pull. In most states it is required by law that a landowner must allow access through their land to a landlocked landowner if the landlocked landowner or his agents has no other access. With a written agreement between the landowners the leaser has little right to make the claim that he can keep you from using that private jeep road.

Also realize you have every right to take the lease holder and the land owner to court to have the court enforce the right to access. Most landowners would much rather have an informal arrangement that to be ordered by the courts to require it. Thus, if asked right, the landowner will probably correct the problem long before you have to face a trespassing charge.
 

patinlouisiana

Active Member
Messages
2,361
Location
Baton Rouge, La
If you know the landowners, it may be wise to call them and let them know what their leaser is trying to pull. In most states it is required by law that a landowner must allow access through their land to a landlocked landowner if the landlocked landowner or his agents has no other access. With a written agreement between the landowners the leaser has little right to make the claim that he can keep you from using that private jeep road.

Also realize you have every right to take the lease holder and the land owner to court to have the court enforce the right to access. Most landowners would much rather have an informal arrangement that to be ordered by the courts to require it. Thus, if asked right, the landowner will probably correct the problem long before you have to face a trespassing charge.
Thanks. That is what we are trying to do.
 

glenn

Active Member
Messages
3,035
Location
SW Mississippi
I doubt his issue is you using the road. The issue may be that if he can keep you out, he can hunt your property without worrying about getting caught.
 

flipper

Well-Known Member
Messages
2,540
Location
Yazoo County
I got so angry reading this. People can be so inconsiderate. This guy leasing should know better than to call a game warden about this, let alone press charges without talking with the landowner first. Kudos to you Pat for having the written permission and for having it with you. I don’t feel like this guy has a toe to stand on, but the courts are so weird these days. Especially if this guy is like some wealthy prominent person. I wish you the best and please keep us posted.
 

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