Shooting over my boundry?

#1
I have wildboar on my land.Normally they come in from the woodland (which I don't own) next to my open field,cross my field and go into the field next door which hasa crop of purple sprouting or some other brassicas.
My mate comes down now and again to shoot them if they are rooting up the field.No problems with that.
However brassica bloke seems to have erected a highseat about 4 metres from my hedge,in his field.
If brassica bloke shoots a boar in my field from his high seat - what offences if any have been committed?

I also have a footpath running along the dege of the field between me and brassica bloke.If some rambler got injured by either my friend or brassica bloke.would I be liable in anyway?
 
#2
It's been many, many years since I had to look this up, but from what I recall, there are miniumum distances from footpaths that you must shoot from. These vary on the type of weapon being used - though I recall boar has a minimum suggested cal, and given the need for a FAC, he'd have insurance, so I'd throw questions there way over liability.
 
#3
FRom what I can gather you need to declare what land your shooting on to the Heddlu. Also if you've not given permision to shoot on your land he's commiting an offence, and he can kiss his licenece goodbye.
 
#4
Ugly will know, but i doubt your neighbour can either shoot into your land or across a public footpath (is it 30 feet or 30m clearance you have to leave either side of a footpath? I just remember a story from somewhere in the country that the local rabbits have worked out that they are safe if they keep near to the footpath!))
 
#5
It is the shooters respnsibility to ensure every shot is taken in a safe direction and there is no chance that someone way stray into your line of sight.
It is ilegal to shoot into someones land where you do not have permission to shoot on.
If he does shoot the said moving pile of sausage meat whilst it is on your land, he has commited a firearms offence as well as theft if then collected the piggy!
 
#6
There is an offence of allowing a projectile to escape your boundary but as I recall it only applies to air weapons and shotguns for some reason. I MAY BE WRONG!

If he shoots a wild boar on your land it becomes your property if the law pertaining to game applies. There would probably need to be case law if it doesn't but following the example of deer for instance it would be considered "wild" and belonging to no-one until it is killed at which point it belongs to the landowner (or occupier if the shooting rights have been let or sold)

Unless your neighbour is an absolute sod who you can't bear I would suggest discussing it with him.

BASC are the best for legal advice and if you do any field shooting at all I would recommend you take up membership.
 

Alsacien

MIA
Moderator
#7
It is the shooters respnsibility to ensure every shot is taken in a safe direction and there is no chance that someone way stray into your line of sight.
It is ilegal to shoot into someones land where you do not have permission to shoot on.
If he does shoot the said moving pile of sausage meat whilst it is on your land, he has commited a firearms offence as well as theft if then collected the piggy!
I don't think it is a firearms offence, I think it is "constructive trespass" if you shoot into somebody else's land. This is a civil offense and the police would not pursue it. If he were to enter the land with a firearm that would be a criminal offense if you could prove "without reasonable excuse", reasonable being somewhat subjective in the case of a hunter who wishes to retrieve an animal that he may have shot on his own land....but it would be your pig.
Regarding the footpath, both ramblers and shooters have equal obligations "not to obstruct" each other.

Been helping my lad swot for his DSC1........
 
#8
Ugly will know, but i doubt your neighbour can either shoot into your land or across a public footpath (is it 30 feet or 30m clearance you have to leave either side of a footpath? I just remember a story from somewhere in the country that the local rabbits have worked out that they are safe if they keep near to the footpath!))
That's a highways act you are thinking of and it only applies to a Highway that comprises a carriageway (a road to you and me) and the distance is 50 feet from the centreline of the carriageway.
 
#9
That's a highways act you are thinking of and it only applies to a Highway that comprises a carriageway (a road to you and me) and the distance is 50 feet from the centreline of the carriageway.
And it is also qualified by adding something about 'if it causes alarm, hazard or inconvenience to a user of the highway'.
 
#11
Thanks guys.I'll go and see local plod first I think.
Take it you don't get on with the bloke then. Frankly, plod would be the absolute last people I'd see about it. They'll suddenly start taking a very close interest in you as much as him. Hope your friend who visists has all his paperwork and permissions in order or he'll be losing his FAC in short order.
 
#12
Take it you don't get on with the bloke then. Frankly, plod would be the absolute last people I'd see about it. They'll suddenly start taking a very close interest in you as much as him. Hope your friend who visists has all his paperwork and permissions in order or he'll be losing his FAC in short order.

Why would plod take a close interest in the OP? Not a wah or a did; rather just interested in their reasoning.

MWA
 

Alsacien

MIA
Moderator
#13
Take it you don't get on with the bloke then. Frankly, plod would be the absolute last people I'd see about it. They'll suddenly start taking a very close interest in you as much as him. Hope your friend who visists has all his paperwork and permissions in order or he'll be losing his FAC in short order.
Very much agree with what Ex-Stab says - keep away from the plod for both your sakes, they are clueless.

You have not said exactly what you want the outcome of this to be?
 

Ravers

LE
Kit Reviewer
Book Reviewer
#14
If you really want to **** your neighbour up, just wait until next time he's blatting piggy's in your field, go for a little stroll on your path and tell plod you are being shot at.
 
#15
Why would plod take a close interest in the OP? Not a wah or a did; rather just interested in their reasoning.

MWA
For a start, most police have no more firearms training or knowledge than Joe Bloke so in light of their job: Firearms = Crime. That dictates everything that follows.
"My neighbour has built a high seat near my boundary and a footpath - what if he shoots onto my land?" will come across as:

"My neighbour has got a gun and has built a sniper style hide where he can shoot people walking on a footpath. What if he shoots me?"

Suddenly all hell breaks loose. This is before it gets to:

"So your mate comes and shoots these wild pigs does he? I think a wildlife offence may have been committed here. We'll have to have him in for questioning"

and on and on it goes leading to no charges, no prosecutions (unless "the mate" doesn't specifically have wild boar on his FAC - quite possible) and after the whole circus has died down, the neighbour has been hauled in for questioning and hates the OP, the mate has lost his FAC (they can always dig up something if they want to) and the OP is left with wild boar munching everything in sight because he hasn't got any shooting mates any more...

Just a possible scenario of course....
 

ugly

LE
Moderator
#16
Ok, it isnt an offence to fire over a public footpath or right of way, actions that may cause distress however are covered by the Public order regs (Archer will know) the 50 foot from the centre of the highway is a traffic act rule and is rubbish as most motorways and dual carriage ways exceed that. If you commit tresspass to recover shot game (regardless of where you claim it was shot) you are committing a tresspass offense (civil) and armed if you take your weapon (criminal) offense. However the law is clear in that you may tresspass provided it is to prevent further suffering and you have reason to believe you would be granted permission should you have been able to ask before hand. The trick there is never to ask permission, if not asked it hasnt been refused, if refused once it stands in law.
This applies to England and Wales, Tresspass isnt really an offence in Scotland more a way of seeing the country.
The high seat owner cannot allow the projectile he fires to leave his land knowingly or otherwise. He is committing a safety offense for which even with an open FAC he may lose the lot!
You need permission to shoot on or over land written is best but not legally required unless its your key named land for your FAC. Depending upon where the shooter is in the country they may also be committing an offence by not having their fac conditioned for wild boar. kent is surprisingly good for this, any legal quarry, and neiighbours surry and sussex sadly quite poor!
I can recommend deer law and liabilities available from me!
 
#19
For a start, most police have no more firearms training or knowledge than Joe Bloke so in light of their job: Firearms = Crime. That dictates everything that follows.
"My neighbour has built a high seat near my boundary and a footpath - what if he shoots onto my land?" will come across as:

"My neighbour has got a gun and has built a sniper style hide where he can shoot people walking on a footpath. What if he shoots me?"

Suddenly all hell breaks loose. This is before it gets to:

"So your mate comes and shoots these wild pigs does he? I think a wildlife offence may have been committed here. We'll have to have him in for questioning"

and on and on it goes leading to no charges, no prosecutions (unless "the mate" doesn't specifically have wild boar on his FAC - quite possible) and after the whole circus has died down, the neighbour has been hauled in for questioning and hates the OP, the mate has lost his FAC (they can always dig up something if they want to) and the OP is left with wild boar munching everything in sight because he hasn't got any shooting mates any more...

Just a possible scenario of course....
You got all of that from the original post.....

You dont work in the Pentagon do you?
 
#20
I think that going to the Police has to be the last resort, as soon as you mention firearms it will turn into a cluster f*ck.
 

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