Curious Wildlife Caught on Camera

[Garcia]

I am NOT a lawyer! My understanding is that if land is not clearly posted people can go on it unless and until asked to leave by the property owner. Perhaps this is not the case and simply an unwritten yet widely agreed upon practice in the rural area where I live as well as on the island property I summer.

That said, whether it is legal or not, it is in poor taste and a bit creepy to go up on a stranger's porch and peer in windows. Common sense (which, admittedly, is not always so common) says to be respectful and minimize any impact on someone else's land - and don't peer in windows!

[Hillcountry]

Originally Posted by Garcia

I am NOT a lawyer! My understanding is that if land is not clearly posted people can go on it unless and until asked to leave by the property owner. Perhaps this is not the case and simply an unwritten yet widely agreed upon practice in the rural area where I live as well as on the island property I summer.

That said, whether it is legal or not, it is in poor taste and a bit creepy to go up on a stranger's porch and peer in windows. Common sense (which, admittedly, is not always so common) says to be respectful and minimize any impact on someone else's land - and don't peer in windows!

You’re talking about “current use” for tax purposes which is designed for open acreage/not-in-use land for purposes like hiking, hunting, etc.
If anyone comes into my YARD or near my buildings that is where the “current use” law stops, obviously. My back woods are open to being walked through and even hunted providing you stay 300’ from any of my dwellings. If I decide to POST my land for NO HUNTING NO TRESSPASSING then all bets are off as far as passing through or hunting. I would also expect a tax increase if I did this.

[Garcia]

Originally Posted by Hillcountry

You’re talking about “current use” for tax purposes which is designed for open acreage/not-in-use land for purposes like hiking, hunting, etc.
If anyone comes into my YARD or near my buildings that is where the “current use” law stops, obviously. My back woods are open to being walked through and even hunted providing you stay 300’ from any of my dwellings. If I decide to POST my land for NO HUNTING NO TRESSPASSING then all bets are off as far as passing through or hunting. I would also expect a tax increase if I did this.

Not knowing exactly how the law reads, this is what I meant by my "common sense" piece. I never realized I had to stay 300' from a dwelling - somehow in my upbringing I just learned to be respectful of others and their belongings. It's not unlike the no wake/headway speed debate on another forum. I might not know exactly how fast I'm going , but I know when I am following the intent of the law and when I am not...

[Hillcountry]

Originally Posted by Garcia

Not knowing exactly how the law reads, this is what I meant by my "common sense" piece. I never realized I had to stay 300' from a dwelling - somehow in my upbringing I just learned to be respectful of others and their belongings. It's not unlike the no wake/headway speed debate on another forum. I might not know exactly how fast I'm going , but I know when I am following the intent of the law and when I am not...

300’ is for Discharging a firearm...you can walk closer than 300’ but seeing someone that close to my house would raise my ire a bit.

[Rusty]

Originally Posted by Garcia

I am NOT a lawyer! My understanding is that if land is not clearly posted people can go on it unless and until asked to leave by the property owner. Perhaps this is not the case and simply an unwritten yet widely agreed upon practice in the rural area where I live as well as on the island property I summer.

That said, whether it is legal or not, it is in poor taste and a bit creepy to go up on a stranger's porch and peer in windows. Common sense (which, admittedly, is not always so common) says to be respectful and minimize any impact on someone else's land - and don't peer in windows!

In NH If you don't legally post land that you own, I can walk on it all I want.

[thinkxingu]

Originally Posted by Rusty

In NH If you don't legally post land that you own, I can walk on it all I want.

You may be able to, but you shouldn't.

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[Rusty]

Originally Posted by thinkxingu

You may be able to, but you shouldn't.

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I agree but everyone needs to be careful about how they ask someone to PLEASE don't trespass on their land. The land owner could be the one in trouble and not the trespasser.

[joey2665]

Originally Posted by Rusty

In NH If you don't legally post land that you own, I can walk on it all I want.

Are you sure this is correct? It might just be for vacant land not a residence. I’d like to see the language.


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[Rusty]

Originally Posted by joey2665

Are you sure this is correct? It might just be for vacant land not a residence. I’d like to see the language.


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From NH Fish and Game:

"Common law in New Hampshire gives the public the right of access to land that's not posted. You won't find that in state law books, because it is common law, going back to the philosophy of New England's early colonists and supported over the centuries by case law. Our forefathers knew the importance of balancing the need for landowners' rights with that of the public good. On one hand, the landowner can make decisions about his or her land. On the other hand, the public should have limited rights to use and enjoy that land. The colonists held similar democratic notions about rivers, lakes, fish and wildlife."

https://www.wildlife.state.nh.us/landshare/faqs.html

[joey2665]

Originally Posted by Rusty

From NH Fish and Game:

"Common law in New Hampshire gives the public the right of access to land that's not posted. You won't find that in state law books, because it is common law, going back to the philosophy of New England's early colonists and supported over the centuries by case law. Our forefathers knew the importance of balancing the need for landowners' rights with that of the public good. On one hand, the landowner can make decisions about his or her land. On the other hand, the public should have limited rights to use and enjoy that land. The colonists held similar democratic notions about rivers, lakes, fish and wildlife."

https://www.wildlife.state.nh.us/landshare/faqs.html

"Land" is a very broad term and as it is common law it is outdated. I find it hard to believe it would be considered legal to walk around someone's yard and peer into their residence just because it is not posted.

[Biggd]

Originally Posted by joey2665

"Land" is a very broad term and as it is common law it is outdated. I find it hard to believe it would be considered legal to walk around someone's yard and peer into their residence just because it is not posted.

Live free or die!

[Woodsy]

NH has always had open land access.... if you don't want the public on your property then you have to post it with signs... and there are rules about how the signs have to be posted.

Woodsy

[Rusty]

Originally Posted by joey2665

"Land" is a very broad term and as it is common law it is outdated. I find it hard to believe it would be considered legal to walk around someone's yard and peer into their residence just because it is not posted.

I agree and if the OP took these peekers to court the judge would probably tell the them not to do it again..so..is it worth pressing chargers for this actual photo?
I have security cameras inside & outside of my house and have videos of people walking on my property but not peeking in my windows. I do know that I wouldn't threaten them in anyway..probably just get some legal advice.

[TCC]

You'll note that after ten days and almost 60 posts the OP hasn't deigned to respond with any further information. Likely as not, one of those critters is Hoboken himself testing out his new security camera. Or friends who knocked first and are looking in to see if he appears to be around.

[tis]

I really don't think some of those that posted it is ok to go on other people's land anytime you want would like it if about 20 of us all brought our chairs and sat on their front lawn. Want to try it?

[Woodsy]

Originally Posted by tis

I really don't think some of those that posted it is ok to go on other people's land anytime you want would like it if about 20 of us all brought our chairs and sat on their front lawn. Want to try it?

You need to understand NH law... I most certainly can walk thru your property if it isn't clearly posted "No Trespassing". That being said, its a different story putting lawn chairs (an object) on someone's property...


Woodsy

[tis]

Ok, Woodsy. Then we won't bring our lawn chairs. We will just SIT on the lawn on our little butts!

[Woodsy]

Originally Posted by tis

Ok, Woodsy. Then we won't bring our lawn chairs. We will just SIT on the lawn on our little butts!

Perfectly legal.... until you are told to leave by the landowner. If you don't comply with a legal request from the landowner... you are guilty of trespass.

Under New Hampshire Law RSA 635:2, someone has committed criminal trespass if they know they are not licensed or privileged to be in a place, or if they remain in a place after being told to leave. A first offense is a misdemeanor.

So basically.... unless your property is properly posted, then the public has the right to walk thru it, hunt or fish, unless the landowner tells them to leave.

https://www.wildlife.state.nh.us/landshare/faqs.html

Woodsy

[Rusty]

Originally Posted by Woodsy

Perfectly legal.... until you are told to leave by the landowner. If you don't comply with a legal request from the landowner... you are guilty of trespass.

Under New Hampshire Law RSA 635:2, someone has committed criminal trespass if they know they are not licensed or privileged to be in a place, or if they remain in a place after being told to leave. A first offense is a misdemeanor.

So basically.... unless your property is properly posted, then the public has the right to walk thru it, hunt or fish, unless the landowner tells them to leave.

https://www.wildlife.state.nh.us/landshare/faqs.html

Woodsy

Very well explained..I think I'll take a walk on tis's land..maybe take a nap for a few hours

[tis]

Originally Posted by Rusty

Very well explained..I think I'll take a walk on tis's land..maybe take a nap for a few hours

You could come sit on my dock, Rusty.

[Rusty]

Originally Posted by tis

You could come sit on my dock, Rusty.

Is your husband the jealous type..show me a happy home and I'll break it up everytime.

[tis]

Bring your wife.

[Woodsy]

Rusty,,,

Enjoy the walk on Tis' land.. just make sure its not posted and if he asks to leave do so nicely!

Woodsy

[tis]

Originally Posted by Woodsy

Rusty,,,

Enjoy the walk on Tis' land.. just make sure its not posted and if he asks to leave do so nicely!

Woodsy

Why don't you join him, Woodsy?

[Hillcountry]

Originally Posted by Rusty

In NH If you don't legally post land that you own, I can walk on it all I want.

That’s an attitude that can get you shot and fed through a wood chipper...just sayin’

[TCC]

I. "Property" means anything of value, including real estate, tangible and intangible personal property, captured or domestic animals and birds, written instruments or other writings representing or embodying rights concerning real or personal property, labor, services, or otherwise containing any thing of value to the owner, commodities of a public utility nature such as telecommunications, gas, electricity, steam, or water, and trade secrets, meaning the whole or any portion of any scientific or technical information, design, process, procedure, formula or invention which the owner thereof intends to be available only to persons selected by him. (NH RSA 637.2)

I. A person is guilty of criminal trespass if, knowing that he is not licensed or privileged to do so, he enters or remains in any place. (NH RSA 635.2)

Prescribed Manner of Posting. – A person may post his land to prohibit criminal trespass and physical activities by posting signs of durable material with any words describing the physical activity prohibited, such as "No Hunting or Trespassing", printed with block letters no less than 2 inches in height, and with the name and address of the owner or lessee of such land. Such signs shall be posted not more than 100 yards apart on all sides and shall also be posted at gates, bars and commonly used entrances. This section shall not prevent any owner from adding to the language required by this section. (NH RSA 635.4)

Use of Force in Property Offenses. – A person is justified in using force upon another when and to the extent that he reasonably believes it necessary to prevent what is or reasonably appears to be an unlawful taking of his property, or criminal mischief, or to retake his property immediately following its taking; but he may use deadly force under such circumstances only in defense of a person as prescribed in RSA 627:4. (NH RSA 627.8)

I believe that's what attorneys refer to as "job security"

[swnoel]

Originally Posted by TCC

I. "Property" means anything of value, including real estate, tangible and intangible personal property, captured or domestic animals and birds, written instruments or other writings representing or embodying rights concerning real or personal property, labor, services, or otherwise containing any thing of value to the owner, commodities of a public utility nature such as telecommunications, gas, electricity, steam, or water, and trade secrets, meaning the whole or any portion of any scientific or technical information, design, process, procedure, formula or invention which the owner thereof intends to be available only to persons selected by him. (NH RSA 637.2)

I. A person is guilty of criminal trespass if, knowing that he is not licensed or privileged to do so, he enters or remains in any place. (NH RSA 635.2)

Prescribed Manner of Posting. – A person may post his land to prohibit criminal trespass and physical activities by posting signs of durable material with any words describing the physical activity prohibited, such as "No Hunting or Trespassing", printed with block letters no less than 2 inches in height, and with the name and address of the owner or lessee of such land. Such signs shall be posted not more than 100 yards apart on all sides and shall also be posted at gates, bars and commonly used entrances. This section shall not prevent any owner from adding to the language required by this section. (NH RSA 635.4)

Use of Force in Property Offenses. – A person is justified in using force upon another when and to the extent that he reasonably believes it necessary to prevent what is or reasonably appears to be an unlawful taking of his property, or criminal mischief, or to retake his property immediately following its taking; but he may use deadly force under such circumstances only in defense of a person as prescribed in RSA 627:4. (NH RSA 627.8)

I believe that's what attorneys refer to as "job security"

TITLE LXII
CRIMINAL CODE
CHAPTER 635
UNAUTHORIZED ENTRIES
Section 635:2
635:2 Criminal Trespass. –
I. A person is guilty of criminal trespass if, knowing that he is not licensed or privileged to do so, he enters or remains in any place.
II. Criminal trespass is a misdemeanor for the first offense and a class B felony for any subsequent offense if the person knowingly or recklessly causes damage in excess of $1,500 to the value of the property of another.
III. Criminal trespass is a misdemeanor if:
(a) The trespass takes place in an occupied structure as defined in RSA 635:1, III; or
(b) The person knowingly enters or remains:
(1) In any secured premises;
(2) In any place in defiance of an order to leave or not to enter which was personally communicated to him by the owner or other authorized person; or
(3) In any place in defiance of any court order restraining him from entering such place so long as he has been properly notified of such order.
IV. All other criminal trespass is a violation.
V. In this section, "secured premises" means any place which is posted in a manner prescribed by law or in a manner reasonably likely to come to the attention of intruders, or which is fenced or otherwise enclosed in a manner designed to exclude intruders.
VI. In this section, "property," "property of another," and "value" shall be as defined in RSA 637:2, I, IV, and V, respectively.

Source. 1971, 518:1. 1979, 377:7. 2005, 125:1. 2010, 239:2, eff. July 1, 2010.

[Rusty]

Originally Posted by Hillcountry

That’s an attitude that can get you shot and fed through a wood chipper...just sayin’

Are you speaking from experience?

[Hillcountry]

Originally Posted by Rusty

Are you speaking from experience?

You'll never know...

[tis]

Woodsy what is it with you? If a law seems the least big ambiguous you always lean to the unlawful side. You must be a criminal.

[Descant]

Originally Posted by tis

Woodsy what is it with you? If a law seems the least big ambiguous you always lean to the unlawful side. You must be a criminal.

A different interpretation doesn't make anything unlawful. "Always" is pretty strong.

[tis]

Originally Posted by Descant

A different interpretation doesn't make anything unlawful. "Always" is pretty strong.

You are right, Descant. I should have said he seems to lean to to the unlawful side. Of course he will argue he isn't unlawful. It's his interpretation.

And that post was meant to be funny BTW.

[ApS]

Originally Posted by Woodsy

Perfectly legal.... until you are told to leave by the landowner. If you don't comply with a legal request from the landowner... you are guilty of trespass. Under New Hampshire Law RSA 635:2, someone has committed criminal trespass if they know they are not licensed or privileged to be in a place, or if they remain in a place after being told to leave. A first offense is a misdemeanor.

So basically.... unless your property is properly posted, then the public has the right to walk thru it, hunt or fish, unless the landowner tells them to leave. https://www.wildlife.state.nh.us/landshare/faqs.html

Woodsy

My property isn't posted—yet.

Somebody left sawed deer bones—one on my property, and another nearby in the lake. With high-powered rifle target practice going on all summer within a few hundred feet—and deer foraging all-over—I'm pretty sure who it is.

Course, a "harvested" deer could have been dragged to our place, but is it legal to gut and/or butcher a deer carcass on one's unposted property? In spite of NH's "Free-Range" law for people (not chickens ) that, I would think, is "trespassing".

Originally Posted by tis

Woodsy what is it with you? If a law seems the least big ambiguous you always lean to the unlawful side. You must be a criminal.

Woodsy has / had a Donzi.

'Nuff said?

[swnoel]

Originally Posted by ApS

My property isn't posted—yet.

Somebody left sawed deer bones—one on my property, and another nearby in the lake. With high-powered rifle target practice going on all summer within a few hundred feet—and deer foraging all-over—I'm pretty sure who it is.

Course, a "harvested" deer could have been dragged to our place, but is it legal to gut and/or butcher a deer carcass on one's unposted property? In spite of NH's "Free-Range" law for people (not chickens ) that, I would think, is "trespassing".

Woodsy has / had a Donzi.

'Nuff said?

I would suggest that the deer bone was carried there by something... a coyote, fox, racoon , etc. I highly doubt anyone carried a deer onto your property to gut it or butcher it!! If your land isn't posted in NH people have the right to use it for hunting. It is legal to shoot and practice with a firearm in NH... the second Amendment has been disposed of yet. I you have concerns, take a walk and find out who is shooting!

[Hillcountry]

Originally Posted by swnoel

I would suggest that the deer bone was carried there by something... a coyote, fox, racoon , etc. I highly doubt anyone carried a deer onto your property to gut it or butcher it!! If your land isn't posted in NH people have the right to use it for hunting. It is legal to shoot and practice with a firearm in NH... the second Amendment has been disposed of yet. I you have concerns, take a walk and find out who is shooting!

Could have been poachers...lots of law breakers out there on and off the water.

[ApS]

Originally Posted by swnoel

I would suggest that the deer bone was carried there by something... a coyote, fox, racoon , etc. I highly doubt anyone carried a deer onto your property to gut it or butcher it!! If your land isn't posted in NH people have the right to use it for hunting. It is legal to shoot and practice with a firearm in NH... the second Amendment has been disposed of yet. I you have concerns, take a walk and find out who is shooting!

My land isn't posted, but the suspected shooter's property is!

Two different adult deer bones—one in the lake [the sawed bone], the other on shore—suggest the shooting / butchering was conducted on our property—within 40-feet of our cottage.

Originally Posted by tis

No, I like Donzis. Just because he had a Donzi doesn't mean he is a criminal. it's in the mind being a criminal is.

Strong is Donzi. Mind what you have learned. Save you, it can.

[tis]

Originally Posted by ApS

My property isn't posted—yet.

Somebody left sawed deer bones—one on my property, and another nearby in the lake. With high-powered rifle target practice going on all summer within a few hundred feet—and deer foraging all-over—I'm pretty sure who it is.

Course, a "harvested" deer could have been dragged to our place, but is it legal to gut and/or butcher a deer carcass on one's unposted property? In spite of NH's "Free-Range" law for people (not chickens ) that, I would think, is "trespassing".

Woodsy has / had a Donzi.

'Nuff said?

No, I like Donzis. Just because he had a Donzi doesn't mean he is a criminal. it's in the mind being a criminal is.

[joey2665]

Originally Posted by ApS

My property isn't posted—yet.

Somebody left sawed deer bones—one on my property, and another nearby in the lake. With high-powered rifle target practice going on all summer within a few hundred feet—and deer foraging all-over—I'm pretty sure who it is.

Course, a "harvested" deer could have been dragged to our place, but is it legal to gut and/or butcher a deer carcass on one's unposted property? In spite of NH's "Free-Range" law for people (not chickens ) that, I would think, is "trespassing".

Woodsy has / had a Donzi.

'Nuff said?

APS why do you always have to bring up the speed limit issue? It just derails the thread.


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[ApS]

Originally Posted by joey2665

APS why do you always have to bring up the speed limit issue? It just derails the thread.

Yeah...Can't bear to peek into that topic.

Then, how about exhaust-pipe noise?

_________________________


While trail-cameras "spy" on wildlife, doorbell-cameras "spy" on us.

And speaking of the topic, "Curious Wildlife Caught on Camera":



Didn't know of "doorbell cameras".