OR......ask him if you are correct in finding the property line and you think his stand is not on his land. Again I would then tell him to leave it.
I'm a Land Surveyor who works with the public a lot. There are a lot of people with hand held GPS and Google Earth who think they know how to find property lines.
Google Earth is not an actual survey and you need to understand its limitations and the limitions of your GPS.
I'm not saying you are wrong in you estimation of where the property line is but without an actual survey by a licensed land surveyor I would be extremely cautious.
If I were you I don't know if I would risk starting a feud with the landowners that could jeapordize your permission to hunt there.
If anything you might ask the owner of the stand if he knows where the property line is. You could tell him that you recently got permission to hunt the neighboring property and you noticed his stand and you are wondering if he can tell you where the property line is.
You beat me to it!! Most people also don't realize that the GPS they are using is lucky to get consistent accuracy of less than 15 yards, more than likely the GPS you are carrying around is off by 15 yards or more. I know they say they get better accuracy than that on the box, but that is optimal conditions, maximum satellites and some type of correction data from somewhere.
I was trying not to laugh about the google earth property lines, but it didn't work. A Professional Land Surveyor is the only one that would be able to mark the actual line. Since this is land that you just got permission to hunt on this year, I'd definitely let it be and try to introduce myself to the person hunting out of that stand.
Unless you have it surveyed you won't know for sure.
If the landowner isn't worried about it neither should you.
Like Five R's said, introduce yourself if you get the chance and let him know you have permission to hunt the property.
Good neighbors are very hard to come by and you don'e want to start a "pissing match" and loose the opportunity to hunt private property.
I agree. Although I wouldn't search out the owner of the stand, if I met him, I would introduce myself and get permission from him to recover a deer if it crossed his property line. You have a privilege while the landowners have a right. I always choose to be nice, whether right or wrong, when dealing with landowners. You are a bowhunter and appears he is a gun hunter, he may not have a problem allowing you to hunt his land one day.
Reminds me of a farm I hunted in Trempealeau Cty 15 years back. My farmer had 400 acres, managed about 200 more. I was the only hunter(bow) who was allowed to hunt it. He gave me permission to give anyone the boot if they were trespassing. I never did. The neighboring farm(300 acres) gun hunted. I had talked a few times with the owner and he gave permission to recover. Well, about 3 weeks before a gun opener, one of his eldest sons(20's) approached me when I was leaving my farm. He told me to make sure I get my stuff out soon as they were setting up for gun.
I was nice, acknowledged him and drove to the owner of my farm. Told my farmer about the conversation and that I was concerned about causing a problem between both landowners which is something I didn't want to do. The farmer told me, "why don't you go hunt their property since I allow all their guys to gun hunt mine." I told him I'd rather not be pushy. He told me to jump in his truck and he drove me up the hill to the other owner. My owner nicely "asked" the other owner to let me hunt his land as his hunters hunt mine. The other landowner understood I only bow hunted it and knew his hunter had it good, so he allowed me to hunt. We all got along after that and it was probably the best WI hunting I ever had.
So I would drop it and probably not set up a stand close to that guys stand. Don't need two neighbors PO'd at each other as it will always come down to the one problem....you.
If the property line on that photo is correct, in addition to the guy's stand being on the wrong property so is a small part of his yard, some of his yard trees and worse yet, his driveway entrances to the road. He doesn't even have access to the road without crossing the land your friend owns.
Are you sure the property line isn't farther north, like up on the south end of that field near the road? That would put both his stand and his driveways on his own land.
As I and FiveRs said, without having an actual survey I would be very careful about making assumptions based on Google Earth or even what the land owner tells you...
Also, beware of County GIS. GIS isn't an actual survey either, in most cases they are approximations based on tax records intended to aid in tax collection. In fact surveyors say that GIS stands for Get It Surveyed. ;^)
Or if you really want to push the issue you could kick him out of his stand and go put up a fence across his driveways and tell him he can no longer access the road. Just kidding of course!
Why is sitting close to a line bad? Shooting onto land you don't have permission is one thing but sitting close to a property line is no big deal. When you're hunting parcels of land that are 20-40 acres and only a portion of that is wooded much of the good land is going to be close to property lines. Have permission, and give permission, to track wounded deer onto neighboring lands.
1) Several instances I've had guys cut shooting lanes over onto my land.
2) Last year on the gun opener we have a guy sitting on the line facing our way (right toward the kitchen window, actually). I went and talked to him and explained where the line was and insured that he wasn't going to be shooting onto mine (again, right toward the house). He insisted he was only going to shoot up the line to his right. I asked if he was left handed, and he said "No". Then I asked how he intended to shoot directly to his right if he was right handed and suggested he should have oriented his ladderstand that direction if that was his intent. He realized he messed up, shifted his body to the right, and stammered something as I walked off. He stayed for another hour that morning and I never saw him again.
3) About 6 or 7 years ago I was in my house getting ready for my company Christmas party (black tie affair) , and it was the Decemeber T-Zone hunt. A hunter was right on the line up the hill from my house and at last light a doe ran out heading towards mine. The hunter shot several times, but the doe made it into my woods. I heard the shots from in the house but didn't think much of it. As I was getting in the car, I could see flashlights scanning through my woods looking for the deer so that's when I figured out what happened. (They have NEVER asked me permission and were used to traipsing all over mine as they pleased when it was under prior ownership before I bought it in late 2004.) If the wife and I weren't already dressed up I would have gone up there. Instead, next morning I decide to go see if I can see a gutpile or a bloodtrail in the snow. Right behind my house, I find the doe - still alive with both front legs broken right below the chest. I call the neighbor and his wife says they have already gone out to look again. I went to the line, yelled that I had found their deer, and led them to it. I finished her off for them and helped drag it back. (The hunter was a woman and I guess I have a soft spot for women and children hunters so I chose to take the high road.)
You think that would have taught the neighbor something about humility and kindness and hunting property lines? Nope. Made it worse. Now he hunts the line even more and STILL has never asked me permission to come look for deer. If I catch HIM on mine, I won't be so kind.
If you sit near a line, it would be very wise to talk to the neighbor AHEAD OF TIME to make sure you can retrieve a wounded animal that goes over the line. If you hunt on the line and face into your own land, have fun and more power to you. Shoot straight and hope the deer stays on your land. If you sit the line and face into the neighbors or don't talk to them first ... get bent!!
As for the situation above, look and see if your County has a GIS or County Mapping website. The property lines shown are usually VERY close. Not always, but 99% of the time they are right one. If that shows the stand is over the line, print off a copy and give to your landowner.
Not sure how 'permanent' this stand is, but you might want to explain the concept of Adverse Possession to him as well - if he allows that permanent stand to stay for 20 years, that neighbor 'could' make a claim that the land is now HIS. (I know, I know: Adverse Possession is very difficult to win, but I know of one case where a guy lost land because people erected a rickety old shack on the backside of his land. Some permanent hunting stands are nicer that some lake homes - remember Serb's!) I know of another case where lawyers made over $50,000 off about 200 square feet of driveway that crossed someone else's land. The Town had moved the road 50 years ago and now that part of the driveway was out of the right-of-way and on the neighbor's land. She was a bitter divorcee and would NOT let it go.
At a minimum, your landowner should right a letter to the neighbor and explain that he (a) Knows the stand is over the line and (b) chooses to give him permission to leave it there. Once a use goes from adverse to permissive - all claims of Adverse Possession are gone.
If your landowner gets all the facts and still chooses to let it go, you should do the same.
bgbuckslyr,
I'm curious, (you didn't answer my question from my previous post). Are you sure the property line is where it is drawn on your photo because if it is the neighbor's driveways (circled in red) cross the property line and he may not have legal access to the road.
Are you sure the property line isn't closer to the line I've drawn in blue? That would put the neighbors driveways and maybe his stand on his land...?
In our case we get people that get permission to hunt the neighbor's field. These wonderful "hunters" actually lean on our line fence and shoot onto our land. Two years ago I came out of the woods a bit early on afternoon/eve during gun season. One of these wonderful people was scoping me as I came over a small rise at 40 yards. I yelled at them and never seen someone highstep across a picked cornfield so fast.
Dangerous!