Permission from Tenant to Hunt Private Land

10/16/09 @ 12:20 PM
ORIGINAL POST
Pointdogs5
Pointdogs5
USER since 10/4/09
I have been hunting a river strictly keeping my feet wet, but became interested in gaining access to the shoreline. I approached a home located on the plot that bordered the section of river I had been hunting to find out that they rented the home. The land was also farmed by a person different from the landowner. The landowner, I believe may be located in Milwaukee. The tenant living in the home had no problem with me hunting on the shoreline. Is this enough permission to legally be there? I have been unable to locate any address or phone number of the actual land owner. From what I have read, trying to search this topic, it can be quite confusing depending on what is written into the leases on the land. The land I would be hunting on is not an established farm field or pasture, so I would guess it wouldn't be involved with the farmers lease. The tenant also mentioned that he had already given permission for his brother in law to hunt, so I wouldn't be the first he had given permission to. Any tips?

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Displaying 1 to 10 of 19 Posts
2/7/10 @ 8:45 AM
shadrap
shadrap
USER since 7/19/01
Go ahead and hunt. A warden is not going to "try" and find the LO if you doing everything like you should be, LEGAL. They protect natural resources and not others land.

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1/26/10 @ 2:26 PM
johnmal
johnmal
USER since 12/7/09
If you do a search you will find in information from the US Army Corps of Engineers a list containing specific “navigable waters”. The list have waterways that have been “found” by a court of law to be navigable (the cases are listed where the complete finding can be found with the numerical articulation)

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1/26/10 @ 10:46 AM
cds
cds
USER since 9/18/01
I found this thread while looking for tips on asking a riparian landowner for permission to access a lake for ice fishing.

However,I've had another thought (or question) regarding "navigable waterways" for some time. For me - now that seining wild minnows is no longer legal - it's a moot point. But it's still a nagging question.

There's been three times over the years when a landowner claimed the waterway abutting their property (in these cases,a creek) was exempt. In all three cases,a canoe could be used in portions of that creek(s) even during low water.

In two of the three cases,I was working on a property and mentioned to the landowner that I'd been in the creek in the past,seining minnows. I chose not to argue the point as it's never a good idea to argue with a customer. Besides,I was granted "permission" during those discussions. In the third case,I told him to "call a cop - I'm not leaving 'til I'm done.". Nothing came of it.

But are there any natural,navigable waterways that are "exempt"? (besides a fish refuge,a dangerous area below a dam,or other such places).

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10/17/09 @ 1:47 PM
up-north
up-north
USER since 3/20/09
What I was saying, is that when in doubt, get the landowners permission. The leasee (as farmer and depending upon terms of lease) usually has no rights but that what he has lease for(inmost cases crop)has no authority giving permission to private land other than helping crop producer harvest or plant. No giving permission or denying permission to hunt. That is left up to the landowner. What are public and navigable waterways? Public lakes, rivers, and streams have a bottom (bed) and side (bank), and enough water to float ANY boat, skiff, or canoe of the shallowest draft on a reoccurring basis. Occasionally, barriers such as wood or plant debris may impede actual navigation, but waters are public even when multiple portages are required to get around obstructions. A waterway does not need to be regularly used for recreational or other general purposes, but is a public waterway based on its capacity to be navigable and public.

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10/17/09 @ 12:08 PM
.westsidebenny
.westsidebenny
USER since 2/9/08
lookin 4 pny,

I wasn't talking about your post. Sorry if you thought I was.

WSB

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10/17/09 @ 7:46 AM
lookn' 4 PnY
lookn' 4 PnY
USER since 7/15/05
"You guys that say don't worry, "sounds like the owner will never find out" are real class acts. I guess an excuse to trespass no matter how thin is better than no excuse at all."

What?? I guess in my first post I should have specified to have the tennant get you written permission from the landowner.

If you can get the permission in writing from the landowner you willl be good to go. Seems like it should be easy to get the landowners contact information. The more you can cover your butt the better off you will be.

Edited on 10/17/09 7:48 AM
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10/16/09 @ 8:25 PM
Docknboatlift
Docknboatlift
MEMBER since 8/23/01
Go ahead and hunt. You've got all you need.

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10/16/09 @ 6:31 PM
up-north
up-north
USER since 3/20/09
You have broached a couple of items here that need to be cleared up.... On a lease, the farmer in this case has use of the land for only the use of the lease, say growing crops. He does not have the right to grant hunting rights to anyone...you, himself or his brother...that rests exclusively with the landowner. Two...all non man made waters are public domain. Access is provided by law. Use by the public cannot be denied. Walking along banks of a stream is also within your rights....

The Public Trust Doctrine Wisconsin's Waters Belong to Everyone

Wisconsin lakes and rivers are public resources, owned in common by all Wisconsin citizens under the state's Public Trust Doctrine. Based on the state constitution, this doctrine has been further defined by case law and statute. It declares that all navigable waters are "common highways and forever free", and held in trust by the Department of Natural Resources. Assures Public Rights in Waters

CanoeingWisconsin citizens have pursued legal and legislative action to clarify or change how this body of law is interpreted and implemented. As a result, the public interest, once primarily interpreted to protect public rights to transportation on navigable waters, has been broadened to include protected public rights to water quality and quantity, recreational activities, and scenic beauty.(1)

All Wisconsin citizens have the right to boat, fish, hunt, ice skate, and swim on navigable waters, as well as enjoy the natural scenic beauty of navigable waters, and enjoy the quality and quantity of water that supports those uses.(2)

Wisconsin law recognizes that owners of lands bordering lakes and rivers - "riparian" owners - hold rights in the water next to their property. These riparian rights include the use of the shoreline, reasonable use of the water, and a right to access the water. However, the Wisconsin State Supreme Court has ruled that when conflicts occur between the rights of riparian owners and public rights, the public's rights are primary and the riparian owner's secondary.(1) What are Wisconsin's stream and lake access laws?

Wisconsin's Public Trust Doctrine requires the state to intervene to protect public rights in the commercial or recreational use of navigable waters. The DNR, as the state agent charged with this responsibility, can do so through permitting requirements for water projects, through court action to stop nuisances in navigable waters, and through statutes authorizing local zoning ordinances that limit development along navigable waterways.

The court has ruled that DNR staff, when they review projects that could impact Wisconsin lakes and rivers, must consider the cumulative impacts of individual projects in their decisions. "A little fill here and there may seem to be nothing to become excited about. But one fill, though comparatively inconsequential, may lead to another, and another, and before long a great body may be eaten away until it may no longer exist. Our navigable waters are a precious natural heritage, once gone, they disappear forever," wrote the Wisconsin State Supreme Court justices in their opinion resolving Hixon v. PSC.(2)

The fact is that you do not need permission in order to use the shoreline, but contacting the landowner always is a good first, and respectful move.

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10/16/09 @ 4:10 PM
Pointdogs5
Pointdogs5
USER since 10/4/09
I am certainly not an advocate of trespassing at any level. I would have no problem keeping my feet wet and not letting it become an issue at all. However, just to be the devils advocate I propose this situation. As a former tenant myself, I was allowed to have guests over on the property I lived in. Legally, however I was responsible for reporting to my landlord any long term guests. Since the tenant allowed my being there on the plot, that would make me a guest. As long as I am not engaged in illegal activities, I don't see why the tenant wouldn't have the right to give permission. They are after all paying for the right to use the property. If in their lease agreement they are allowed to have guests, and mentions nothing about hunting then there would be nothing the landlord can do other than tell me to leave and write up a new lease agreement. I have nothing against contacting the landowner which I will certainly as soon as I can get their contact info from the tenant. I just wanted to show that tenants do have rights over the landlord in some situations.

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10/16/09 @ 1:40 PM
.westsidebenny
.westsidebenny
USER since 2/9/08
You guys that say don't worry, "sounds like the owner will never find out" are real class acts. I guess an excuse to trespass no matter how thin is better than no excuse at all. Angry

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