thepoolguy
Full Member
- Jan 17, 2008
- 138
- 52
ok ..big topic here. most of us think that when a land owner gives you a "no" hes just a pr$%#. most of the time he is just liability scared. example.... in michigan some years back they developed a "hunt program" for farmers. the farmer would sign up with the state and recieve tax rebates for letting people hunt his land. requirements were that the land owner would give written permission to the hunter and keep record of it. the hunter would then, after the hunt, leave a note in a box at the property letting the state know what day he hunted and what game he saw and what game he shot. dnr officers would pick these stats up which helped them manage and tally the herd. all went along fine and worked well for the hunter, farmer and the state untill a hunter got hurt and sued the farmer for unsafe conditions. the farmer was held liable because he had given permission and recieved money in return. example...i rent you a car and there are no brakes. so....what my father as well as other farmers are doing is when someone asks to hunt, snowmobile or even md is to reply with a "no but i dont police the property kicking people off either". we would actually rather have them just go shoot the deer that damage crops or go have fun with the kids on your snowmobile WITHOUT permission. sounds crazy but its true. now im not saying head out tresspassing but to ask in a different manner. one way would be to ask the property owner "would you call the cops and have me shot if you saw me mding on that old homesite over yonder on your property?" chances are you will a laugh and a "no i wont call the cops as im not going to see you". or 2 and way way better would be to have a waiver drafted up by a lawyer ...not too wordy just strait to the point letting them know at no point will you hold them liable or DO DAMAGE TO THE PROPERTY. i think everyone here would be very surprised at how receptive the land owner would be if we did the paper work for them. i mean why should we expect them to take a chance or to spend their money drawing up a contract to protect them from a sue happy society. so...maybe if we have any law orientated members here we could post a genaric waiver here for all to download and use. maybe include in it that you will split the treasure or maybe that you get the coins and they get the herlooms so to speak as i think we have enough buttons, hammers,tools, ect that dont mean alot to us but would be put on the old farmers fireplace mantle so he can tell everyone "thats the hammer old uncle fred built this place with 123 years ago".....means more to him than any old coin..er well....most coins lol. only drawback i think we would find is the same one we are faced with now when we get permission is that youll have a nosey old farmer looking over your shoulder telling you storys behind the site you are hunting as well as solving the worthless mystery items that account for 90% of what we find....THEY WOULD LOVE IT. hope this helps everyone here dave
