private land crossing question

[maddowg1192000]

This is just a rough drawing but my question is can i get from the one red square to the other legally? The property to the southeast and northwest are private. The property to the NE and SW are public

[Pinusbanksiana]

Why couldn't you? Step over the survey pin.

[shortfatguy]

If you cross right at the intersection you should be good. If the land owner gives you grief ask hi to show you the exact corner of the property and take a big step as you cross the corner! lol I wouldnt be bringing an atv in there though.

[maddowg1192000]

no atv just walking in and I figured I would be good as long as i crossed right there. If all goes well this puts me in a location you have to walk at least a half mile to the location I plan to hunt. Thanks for the input so far

[Cheetah]

In some states out west this is NOT legal. You may want to do some more checking on the laws in MN besides just asking here, otherwise you might end up with a trespassing ticket to pay.

[Surface Tension]

Cross where the four corners meet. If theres a corner post, do the parking meter hop otherwise take your best jump.

[MNice]

I would not, without talking to one of the owners of the private land, I just think it would be the right thing to do.

[LightningBG]

If you know where the corner is, jump.

[leechlake]

it seems farmers are good about having actual fence lines that are accurate and most people who post land in the woods aren't as accurate and when in doubt grab a few feet/yards/ to post the land. That doesn't make them right but if you are confronted you end up losing the battle and it makes your day bad to say the least. I'd doubt you could practically find "the spot" when you'd be able to cross without trespassing.

I'd ask one of them, hope they say yes and if they both say no and your hell bent on getting in there tell them your intention of crossing in the spot and then if you do it they will know you have good and legal intentions.

[fasternu]

if you do it they will know you have good and legal intentions.

So, I ask to cross, they say no, so I say I am going to do it anyway. That is "Good intentions"? I am sure they will think I am a fine, upstanding law abiding citizen when I refuse to listen to their denials.

[LightningBG]

How about this... What's the chance you actually get caught? Think there will be someone sitting on the corner watching for people?

You mentioned a 1/2 mile. Does this mean there is another access point if things got hairy out there? (If someone yelled at you, could you get out another way?)

This seems so trivial to me. If someone lived in town and some kid cuts a corner and walks 3 ft into someones yard, are they going to get a trespassing ticket?

It's my understanding that unless posted, they have to tell you to leave and you have to disobey that request, to be charged with trespassing.

[leechlake]

common courtesy is to ask by law you can cross on the spot though. Any time I've even come close to being confronted by a land owner is a losing proposition, he will say he's right you'll say you're right and you'll be standing out in the woods stranger to stranger probably each carrying a rifle.

He doesn't know that you're a good guy you don't know he's a good guy and you'll both walk away unhappy in all likely hood.

This weekend we had a guy put a stand by where we usually park our truck on county tax forfeited land. We talked to him and he invited us to park our truck in his nearby driveway so he would be undisturbed and we had a great place to park and now a new access through his driveway. We talk'd with them over the weekend and now that we know them it's a lot better situation for everyone. Hopefully something similar to that will happen to you.

[rangerforme]

This is a big no-no in some states out west, I'd double check.

[huntnfish]

This is a big no-no in some states out west, I'd double check.

My dad got a healthy fine for doing this in Colorado about 15 years ago. I think they take in a good amount of money there for these types of things.

[ozzie]

if they all meet in a actual square grid like that and all corners allign how in the heck even in states out west could you be called trespassing when 2 of the 4 properties that meet are public? Now if you are caught 30 yds into one of the private lands then yeah I suppose out west they don't have to tell you to get off the land first and just ticket you but in Minnesota they have to tell you that you are on private land and ask you to leave and if you don't then you can get ticketed for trespassing.

[CaptainMusky]

if they all meet in a actual square grid like that and all corners allign how in the heck even in states out west could you be called trespassing when 2 of the 4 properties that meet are public? Now if you are caught 30 yds into one of the private lands then yeah I suppose out west they don't have to tell you to get off the land first and just ticket you but in Minnesota they have to tell you that you are on private land and ask you to leave and if you don't then you can get ticketed for trespassing.

That's exactly what I was thinking too.

Put it terms my boys would understand. Imagine the two "private" pieces (or lands you do not have access to hunt are hot lava. The other two "public" pieces are stable ground. You should be able to walk to the edge and step onto the "other" side safely avoiding the hot lava.

[AwesomZZ]

Hey,...I know where that is, haha.

[Surface Tension]

As long as you don't step in the hot lava your good to go.

Or if you really want to play it safe.

[muskE]

You obviously took the time to reseach and investigate boundaries and I would hate to see that effort go for naught if you got slapped with a fine. The reality is you will likely not have an issue but the land owner would probably appreciate the courtesy head's-up. They live next to this public land and are used to people near their boundaries and may be tickled that you took the time to reach out. I've done this during some pheasant seasons a few years back and have since been invited to hunt with them on their private land!

Respect and courtesy always go further but you need to be prepared to adjust if one of the owners says, "No."

Good luck!

[TraprMike]

if the property owners are that finicky, take some fishing line and make an X get it to the finest exact center as you can..

a property line does not have a definite width..

[Dave S]

If the picture posted is the property in question, the private land DOES NOT NEED TO BE POSTED by MN law. Any agricultural land doesn't need to be posted in MN and trees/woods are considered agricultural land.

I've been through this countless times with multiple COs during DNR training.

If you can get it to a fine point where the 4 properties meet and do as Frank mentioned you can jump across. Land is privately owned, airspace is not.

Keep in mind that someone may be hunting the adjoining properties and do you really care to interfere with someone else's hunt? Is the public land that big that you can't access the property from a different location?

By all means, make sure to contact the other property owners if you haven't already.

[dietdew]

If the picture posted is the property in question, the private land DOES NOT NEED TO BE POSTED by MN law. Any agricultural land doesn't need to be posted in MN and trees/woods are considered agricultural land.

I've been through this countless times with multiple COs during DNR training.

If you can get it to a fine point where the 4 properties meet and do as Frank mentioned you can jump across. Land is privately owned, airspace is not.

Keep in mind that someone may be hunting the adjoining properties and do you really care to interfere with someone else's hunt? Is the public land that big that you can't access the property from a different location?

By all means, make sure to contact the other property owners if you haven't already.

Since when is timber agricultural land?

[Dave S]

Ever since timber has been a harvestable commodity.

[DinnerPail]

Respect and courtesy always go further but you need to be prepared to adjust if one of the owners says, "No."

+1

Seems everyone just comes to the conclusion that land owners are all jerks and are always negative. Have the land owners been approached? You might be supprised when you just talk to people and how far a little respect and courtesy will get you.

Talk to the land owners and see where that gets you first.

[brittman]

If the picture posted is the property in question, the private land DOES NOT NEED TO BE POSTED by MN law. Any agricultural land doesn't need to be posted in MN and trees/woods are considered agricultural land.

[brittman]

Western states are always in fights over land, blocking access to public land and water rights.

The laws in the West were likely written by states controlled by large acre landowners with public land dispersed through out their own property. They want to control that land like they own it.

If you look at Wyoming ... parts of the state are like a checkerboard of alternating of private and public land.

I suggest the right thing to do is

1) find the survery corner in the daylight. GPS the data point and mark the area (as discretely as you would like). Cross at that point in the daylight and look for any activity that may hint you will not be alone in dark AM. If others are hunting there too, then you will have to decide how much closeness and/or confrontation you are comfortable facing.

2) research the laws - dont rely on the net forums, talk with the DNR to make sure hopping the survery point is legal.

3) Ask the landowners if you can cross their property to get to the public land. If told no then TELL the adjacent landowners you will be crossing the survey corner as legal access into that land. Again, realize they may already have stands in that area and probably quicker access...

Where we deer hunt the corner is deep swamp ... the public land is "blocked" to those wanting to cross at the corner.

[Dave S]

Sorry Brittman, I don't recall the definition for ag land detailing what trees are considered a harvestable crop. I've covered the bottom quarter of the state working with no less than 7 COs who have answered the very question of wooded acres and trespass laws. All of which have answered the question the same way.

Maybe I misspoke per the letter of the definition you posted but This is the first I've seen a clearcut (no pun intended) definition of what tree is considered a crop.

[pikerliker]

This is a big no-no in some states out west, I'd double check.

Why is it an issue out West? This really makes no sense if the lands touch at the corners. You could literally step from one patch of public to another without ever touching the private land. Sounds like somebody is wound a little too tight out West and lacks a little common sense. Courtesy goes 2 ways. I could see the issue if there was a gap between the public lands where you actually had to walk a short distance over private, but that doesn't look like the issue here.

[maddowg1192000]

The 2 pieces of private in this situation are just land no house and I havent seen anyone hunt them. Yesterday I decided to check the signs, the one guy wouldn't answer and the other piece isn't posted at all. Walked along the one edge and found that someone else must have wondered the same thing because they had survey tape across the corner from public to public.

[Tom7227]

In order to answer the question one must know three things.

1. The law regarding trespass in Minnesota. https://www.revisor.mn.gov/statutes/?id=609.605

2. The use that is being made of the land in the non-public pieces in question.

3. Whether the land is posted.

If the land that is private is not being used for agricultural purposes and is not posted the the general law of trespass applies. In short you have to be ordered to leave and refuse before you can be cited for trespass. Even then it may be difficult to convict a person without proving that the fence lines accurately reflect the ownership (fences could be off the lines). Another question is whether the person who is issuing the order to leave has the authority to issue the order - is that person the actual lawful possessor of the land? I would also argue that a person has a claim of right to get from one piece of public land to another. I would think the chances of acquittal are pretty good.

If the private land is agricultural land (very broad definition), and is posted, there is a possibility of being charged with a gross misdemeanor.

Short answer - I think it is very likely legal to make the crossing and I feel very confident that a person could not be convicted if they did it and no one told them to leave.