So anyone can just hunt Non posted land in NC

spoonriver

Floyd the Barber
A friend says you can just hunt any land that is not posted and referred article 22A chapter 14 law in the NC jail statue. Your thoughts?


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oldest school

Old Mossy Horns
A friend says you can just hunt any land that is not posted and referred article 22A chapter 14 law in the NC jail statue. Your thoughts?


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my thoughts are that pass went out many moons ago.
i think we had a lawyer show up here and tell us the same thing your friend is saying and offering to defend us when we tested the law.
 

MoBucks

Old Mossy Horns
Most counties now.. you are required to have written permission on you in order to hunt... I know that’s the case here in JoCo


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spoonriver

Floyd the Barber
Says if the land is posted, then you have to have written permission. If it’s not posted then referred to chapter 14 article 22B he found looking up general trespassing laws in NC. Forgot to add,,This is in Davie County.


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spoonriver

Floyd the Barber
He said that they had people hunt on their family land that wasn’t posted in the past and the hunters that were confronted referred to the laws that were In place in Davie Co.


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longrifle

Old Mossy Horns
Contributor
If they're hunting on my land without permission and I caught them they'd be "confronting" a pissed off landowner and then a county deputy. My family(sister and bil) have 100 acres that I've been hunting for over half a century. I get a renewed permission slip every year.....
 

aya28ga

Old Mossy Horns
Contributor
Says if the land is posted, then you have to have written permission. If it’s not posted then referred to chapter 14 article 22B he found looking up general trespassing laws in NC. Forgot to add,,This is in Davie County.


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Your "friend" is still wrong.

Ask him where in chapter 14, article 22B does it specifically state that hunting / trespassing on unposted land is allowed (it doesn't).

A lot of hunters mistakenly assume that just because private land isn't posted that they are ok to hunt it w/o permission, which is a wrong assumption. Posting a property with signs / purple paint just gives more "force of law" and enables the LEO to write a ticket for the first offense.
Usually, if the land is unposted the trespasser can plead ignorance and get off with a warning for the first violation.

Rights of landowners supersede any rights of hunters; that's why the LPA doesn't change any of the general trespass laws.
 

JD1107

Eight Pointer
This past turkey season I had several people trespassing on one of my leased properties. At the time I had the majority of the property posted with club signs and was told by the GW’s that it was not enough to ticket them for trespassing. Three days later they came back and did it again and then again. Now I’ve got purple paint on just about every tree out there. From what I was told that’s the only way they can be ticketed. Either signs every so many yards or purple paint every 100 yards around the entire property.
 

lasttombstone

Old Mossy Horns
Contributor
There is some correct in this thread and some ........ well, kinda, sorta. aya28 has it pretty much spelled out without trying to figure out the specifics of the law and that would depend on what judge they were in front of. Here is my interpretation:

If the land is not posted in the correct fashion then it is highly unlikely a trespasser, for whatever reason, will be cited. Once you advise them that they are trespassing, especially if you can document it, they should be charged if a second instance occurs whether it is actually posted or not. They have been informed. In JD1107's case, if he had informed them the first time and that information was relayed to the officer, they should have been ticketed on the subsequent occasions. The safest way is to properly post the property, then there is no mistaking the intent.

This is a subject we discuss at least annually if not more often. It is unfortunate, in my opinion, that the landowner has to go to the time and expense of posting what is theirs for the protection of the ignorant and uncaring but that is the way it is. Any ethical person should know that if it isn't public property then they have no right to be there and should respect the rights of the property owner but many times it just doesn't happen.
 

DCdeerhunter

Four Pointer
Can they do it sure will they get in trouble maybe or maybe not. But if you have to question it that hard you know it ain't right and I can assure you if it was on land I owned or had permission we would not have a plesent encounter.
 

dlbaile

Ten Pointer
A friend says you can just hunt any land that is not posted and referred article 22A chapter 14 law in the NC jail statue. Your thoughts?


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Sound as if your friend has no problem trespassing regardless of what the statues are, to much public land here in N.C. for that .Don't be lazy
 

Homebrewale

Old Mossy Horns
Any ethical person should know that if it isn't public property then they have no right to be there and should respect the rights of the property owner but many times it just doesn't happen.
Yep. I don't understand why some people think they can trespass if the land isn't posted. Do I need a sign or purple paint on my front door so someone won't walk in, sit down on my couch and watch the latest edition of The View?
 

lasttombstone

Old Mossy Horns
Contributor
^Agreed. It is all the same but some people choose not to accept that thought.............. until someone shows up at their house to watch TV.
 

wncdeerhunter

Old Mossy Horns
Your "friend" is still wrong.

Ask him where in chapter 14, article 22B does it specifically state that hunting / trespassing on unposted land is allowed (it doesn't).

A lot of hunters mistakenly assume that just because private land isn't posted that they are ok to hunt it w/o permission, which is a wrong assumption. Posting a property with signs / purple paint just gives more "force of law" and enables the LEO to write a ticket for the first offense.
Usually, if the land is unposted the trespasser can plead ignorance and get off with a warning for the first violation.

Rights of landowners supersede any rights of hunters; that's why the LPA doesn't change any of the general trespass laws.
Not exactly. We don’t have laws that state what is legal, we have laws stating what is illegal.

If there are no signs, fence, or someone has not otherwise been told not to be there - the trespass hasn’t occurred. Once told or posted, that’s different .

Big difference in what’s right vs what’s legal (or illegal)
 

wncdeerhunter

Old Mossy Horns
Yep. I don't understand why some people think they can trespass if the land isn't posted. Do I need a sign or purple paint on my front door so someone won't walk in, sit down on my couch and watch the latest edition of The View?
That’s two different issues, legally speaking.
 

durdendeerman

Eight Pointer
It’s only considered trespassing if the person has been told not to enter or remain on the property either by a no trespassing sign or by an authorized person.

That’s the law. Also written permission from the owner is only required on posted land.
 

spoonriver

Floyd the Barber
Not exactly. We don’t have laws that state what is legal, we have laws stating what is illegal.

If there are no signs, fence, or someone has not otherwise been told not to be there - the trespass hasn’t occurred. Once told or posted, that’s different .

Big difference in what’s right vs what’s legal (or illegal)
Bingo, thats what he was trying to explain to me. I argued but dang if it didn't say in the book what you said. Is it ethical, no...
 

country

Eight Pointer
It’s only considered trespassing if the person has been told not to enter or remain on the property either by a no trespassing sign or by an authorized person.

That’s the law. Also written permission from the owner is only required on posted land.
Wrong. As Mobucks stated a lot of counties have local laws requiring it. Attached are 2 pictures from local law section of NC regulations digest showing local law for Wilson and Johnston Counties.
 

Attachments

durdendeerman

Eight Pointer
Wrong. As Mobucks stated a lot of counties have local laws requiring it. Attached are 2 pictures from local law section of NC regulations digest showing local law for Wilson and Johnston Counties.
Well I’m speaking in reference to state laws. Not local county laws.
 

country

Eight Pointer
Tell your friend my house isn't posted or painted purple. Bring his dumbass in and sit on my couch and he will get carried out in a coroner's bag 🤪
 
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