# Trespassing in Ice Shanty



## Major Hamhocks (Dec 28, 2001)

I am just curious...I tried searching on the net and could not find an answer. If I put a permanent ice fishing shanty out, is it legal for someone else to use it while I am not there, or would it be considered trespassing?

I always heard if you left a tree stand on public land, it was fair game for anyone else to use. I was just wondering if the same principles applied.

Personally, I use a fishtrap Guide and love it so I don't have to worry about this issue...just wondering if anyone knows the answer.


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## Quig7557 (Dec 31, 2008)

A CO friend told me its the same as a deer blind on public land, its public. However, keep it locked and the stuff inside is yours.


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## muliefever (Jul 2, 2007)

I also just asked a co friend of mine, He said as long as your name is on the shanty like it is suposed to be, and you have it locked up. It is private property.


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## mike the pike (Mar 11, 2008)

It used to be customary "back in the day" where you would a leave a few bucks for the shanty owner for the use of his shanty and heater.

NOW, if you dont lock it , somebody may crap in it, leave sunflower seeds,cigarette butts and a pile of beer cans -----no respect . Best to take with you or padlock it


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## LT1 (Mar 7, 2007)

Good question, glad to hear that the law considers it private property. No self respecting ice fisherman would consider sitting in someone's permanent shack without permission.

I know a few years back, a friend of mine had his shanty broken into and a bunch of his gear was stolen. He had it locked with a padlock but they got in by prying the door open. All for a few dollars worth of stuff.


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## Kelly Johnson (May 22, 2005)

mike the pike said:


> NOW, if you dont lock it , somebody may crap in it, leave sunflower seeds,cigarette butts and a pile of beer cans -----no respect . Best to take with you or padlock it


That was yours?:bloos:
:lol:


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## mike the pike (Mar 11, 2008)

Kelly Johnson said:


> That was yours?:bloos:
> :lol:


Yes, When i was 12 we had a cottage on Devil's lake between the launch and cherry point. During the week , some le douchey, left a pile of beer cans ....ok...no problem . We left a sign "CLEAN UP AFTER YOURSELVES, OR PLEASE STAY OUT" , The next weekend somebody obviously had a 911 #2 emergency and blew it out in the holes :yikes: 
That was it , we had a little fire on shore and built 1 with a combolock, reinforced doors and insulation ....never had a problem again. Our neighbors watched and used it even left stuff in it all the time , so the next guy could use it problem free. It was 10' long and 5' wide. If you knew the combo you were in ...but if you didnt so sorry -problem solved


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## herblorentz78 (Jan 21, 2009)

It is fair game just like a duck blind on public waters. First come first serve.
_Posted via Mobile Device_


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## JJ Mac (Dec 29, 2003)

herblorentz78 said:


> It is fair game just like a duck blind on public waters. First come first serve.
> _Posted via Mobile Device_


Incorrect. The fact that your name is posted on it indicates "property" and "ownership." Otherwise, couldn't someone just take it? They could also commit violations such as leaving a tip-up in there unattended. Then the person with their name on it would be responsible? No. Also, the rule for putting your name and address on a shanty is the same for a portable if you leave it out overnight. Is that fair game for anyone to go into as well. What difference is there if the structure is made of wood vs. plastic? The answer is no, it is not fair game. 

My feelings, anyone who would go into somone else's shanty is a complete jerk. Up here in the north, going into someone else's shanty is grounds for a grade A butt kickin'.

Alas, there is a lot of confusion and a lot of inconsiderate people out there. That's one of a few reasons I pulled my permanent shack for good and just use portables.


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## muliefever (Jul 2, 2007)

JJ Mac is correct on this one.

When you put a permanent shanty on public water, and it has your name on it. Automatically there is a expectation of privacy. Hopefully you are smart enough to lock the shanty. Looking at it from a Law Enforcement standpoint I agree 100% with my local CO. Now if you put out a shanty with no name, no locks etc, there is no expectation of privacy there. Therefore, first come first serve.

I have heard stories about people taking a dump in someone's shanty, I can't believe that. That is so disrespectful, and immature. Lord have mercy If I ever caught someone doing that to anyone's property.. There would be pain.


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## Dale87 (Dec 19, 2008)

> (1) Any person who breaks and enters or enters without breaking, any dwelling, house, tent, hotel, office, store, shop, warehouse, barn, granary, factory or other building, boat, ship, railroad car or structure used or kept for public or private use, or any private apartment therein, or any cottage, clubhouse, boat house, hunting or fishing lodge, garage or the out-buildings belonging thereto, * any ice shanty with a value of $100.00 or more,* or any other structure, whether occupied or unoccupied, without first obtaining permission to enter from the owner or occupant, agent, or person having immediate control thereof, is guilty of a misdemeanor.


As far as I can tell it sounds like they aren't allowed in.


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## herblorentz78 (Jan 21, 2009)

I guess I should clarify, I would never do it, but name or not, just like a duck blind, if it is on PUBLIC waters it is fair game. Private lakes are different. The name on the side is just so law enforcement knows who to contact if it is not retrieved and it floats up on a beach in the spring. Check your rule book I am sure its in there. We had the same argument on the waterfowl forums about blinds on public waters this year.
_Posted via Mobile Device_


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## tommy-n (Jan 9, 2004)

god, let the drama games continue It's on public property it's fair game just like a tree stand for hunting, no different


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## jakeo (Sep 14, 2004)

When I was a kid......my Dads buddy had a shanty sitting in the channel at Bolles Harbor and he never locked it. Dad and I were talking about that the other day. We had a Coleman heater that was round and had a "snuffer to put it out and it "kinda" got close to the wall. I guess I bumped it and the wood started smoking so we put it out with snow. Yes he told his buddy,.....Dad said he never was so mad at me...LOL


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## fightem (Sep 21, 2008)

I`m gona say that if it is unlocked it is open to the public. Locked ,then it is restricted to the key holder. I remember, ( speaking of public user horror stories) When I was young . We saw this abandoned shanty.I think it was abandoned because it had hardly any clear plastic left on it. This shanty was huge .About 8ft.by 12ft. The day we used it there was gale force winds . We fished it most of the day and it was so noisy you could hardy hear anyone talking beside you. Just as we were going to leave I bumped into the door way. I noticed the whole shanty kinda lifted up about 6 inches. I didn`t mention anything but as we were about a hundred yards away I heard a noise,looked back and the whole shanty was airborne.As it hit the ice it was rolling on the ice it blew apart. 2 by 4`s all over the ice. oooops . We kinda walked a bit faster lol.:yikes::yikes::yikes:


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## Dale87 (Dec 19, 2008)

herblorentz78 said:


> I guess I should clarify, I would never do it, but name or not, just like a duck blind, if it is on PUBLIC waters it is fair game. Private lakes are different. The name on the side is just so law enforcement knows who to contact if it is not retrieved and it floats up on a beach in the spring. Check your rule book I am sure its in there. We had the same argument on the waterfowl forums about blinds on public waters this year.
> _Posted via Mobile Device_


Its not in the guide book I looked. But are you saying that if you park an RV on public property any one can just walk right in and theres not a thing you can do about it?


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## herblorentz78 (Jan 21, 2009)

You are right, I looked in the guide book after I posted that. I am going off of what C.O.'s have told me and what the waterfowl regs say about blinds on public waters. You are going a bit far with the r.v. thing, sounds like you just want to argue about something. On the upside, if you leave a shanty out and someone is there when you get there to use it, as long as you affixed your name to it legally, they don't have to get out but it might be a hell of a ride for them when you inform them you are moving your shanty. Hook it to your machine and start going and I bet they bail out fairly quick.
_Posted via Mobile Device_


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## duxdog (Apr 13, 2008)

post in the ''questions about law'' section and you will get your answer.


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## roger23 (Jan 14, 2001)

we had one on a private lake ,,it lasted about a week before some one torched it,,it was unlocked


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## naterade (Nov 30, 2008)

tommy-n said:


> god, let the drama games continue It's on public property it's fair game just like a tree stand for hunting, no different


Dale87 posted the Michigan penal code right above your post. It is not the same as a stand or blind. It is not the same because the legislation as written doesn not refer to a tree stand or blind but does refer specifically to an ice shanty with a value of $100 or more.

It is a midemeanor to enter an ice shanty worth $100 or more without the owner's permission.


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## nick 74 (Dec 4, 2008)

tommy-n said:


> god, let the drama games continue It's on public property it's fair game just like a tree stand for hunting, no different


Dont leave your boat unattended on a lake then, or leave your car alone in a public parking lot. Better not leave your new wall tent left alone up north while your out hunting, cause I can move in anytime. The idea that anyone considers a locked shanty on a lake "fair game" is the reason people started locking their shantys. If you didnt build it stay out.


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## outdoor_m_i_k_e (Feb 3, 2005)

I agree don't touch it if its not yours...but comparing a vehicle or boat to a shanty is wrong.maybe same concept,but vehicles and boats are registered to a specific person through the STATE. Name on a shanty in marker or paint isn't the same. The way I look it is if it has a lock on it then there is a reason for it.
_Posted via Mobile Device_


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## TrekJeff (Sep 7, 2007)

*THE MICHIGAN PENAL CODE (EXCERPT)*
*Act 328 of 1931*

*750.115 Breaking and entering or entering without breaking; buildings, tents, boats, railroad cars; entering public buildings when expressly denied.* 
Sec. 115.
(1) Any person who breaks and enters or enters without breaking, any dwelling, house, tent, hotel, office, store, shop, warehouse, barn, granary, factory or other building, boat, ship, railroad car or structure used or kept for public or private use, or any private apartment therein, or any cottage, clubhouse, boat house, hunting or fishing lodge, garage or the out-buildings belonging thereto, any ice shanty with a value of $100.00 or more, or any other structure, whether occupied or unoccupied, without first obtaining permission to enter from the owner or occupant, agent, or person having immediate control thereof, is guilty of a misdemeanor. 
(2) Subsection (1) does not apply to entering without breaking, any place which at the time of the entry was open to the public, unless the entry was expressly denied. Subsection (1) does not apply if the breaking and entering or entering without breaking was committed by a peace officer or an individual under the peace officer's direction in the lawful performance of his or her duties as a peace officer.


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## skulldugary (Apr 12, 2003)

You guys gotta be kidding me,right?....in this day and age you honestly thing someone is'nt going to break into,leave a steamer or use your shack if you are'nt in it?It's sad but I won't leave anything out in public like that.People have turned in to uncaring slobs that have no respect for others or thier possesions.....it's a fact of life these days.Wish it was like it was in the old days.......


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## nick 74 (Dec 4, 2008)

outdoor_m_i_k_e said:


> I agree don't touch it if its not yours...but comparing a vehicle or boat to a shanty is wrong.
> _Posted via Mobile Device_


I know your probably right but I just have no desire to use someone else's property without permission. If they took the time to build and pull it out on the ice I can do the same.


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## motownfisher (Jan 27, 2009)

muliefever said:


> JJ Mac is correct on this one.
> 
> When you put a permanent shanty on public water, and it has your name on it. Automatically there is a expectation of privacy. Hopefully you are smart enough to lock the shanty. Looking at it from a Law Enforcement standpoint I agree 100% with my local CO. Now if you put out a shanty with no name, no locks etc, there is no expectation of privacy there.


The phrase "expectation of privacy" is a specific legal standard dealing with the 4th amendment and has nothing to do with trespass issues.

That said, why would ANYONE go into a shanty that was not theirs, barring extraordinary circumstances?


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## JWICKLUND (Feb 13, 2005)

Ice shacks are required to be identified and are considered property. You cannot use someone elses ice shack without permission. Whether it is locked or not, it does not matter.


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## JJ Mac (Dec 29, 2003)

TrekJeff said:


> *THE MICHIGAN PENAL CODE (EXCERPT)*
> *Act 328 of 1931*
> 
> *750.115 Breaking and entering or entering without breaking; buildings, tents, boats, railroad cars; entering public buildings when expressly denied.*
> ...



Thanks for providing that penal code, I was looking all over the web for it. Note too the bottom paragraph as it applies to LEO's. This gives them the ability to check a shanty for violations. I read a case a few years back in the DNR logs about a couple of guys who were smoking marijuana while icefishing and an LEO stormed into their shack and arrested them for possesion and they were also ticketed for running extra lines. It was challenged in court, and the fishermen claimed since they had their name on the shanty and it represented ownership and property, that the LEO needed to knock first or obtain a search warrant to enter without permission.

The fishermen lost.


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## Wiling (Feb 18, 2014)

mike the pike said:


> It used to be customary "back in the day" where you would a leave a few bucks for the shanty owner for the use of his shanty and heater.
> 
> NOW, if you dont lock it , somebody may crap in it, leave sunflower seeds,cigarette butts and a pile of beer cans -----no respect . Best to take with you or padlock it


I used heater to make my home warm. This really important in winter season. I always to make comfortable situation for my family. Because they are the only well wisher for me. So i always give them importance.


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## Matty_joe86 (Sep 4, 2008)

Sounds like you can legally claim your portion of the lake. I think my off season project is to build 10,000 of my own shanties and place them strategically at Gino's to choke out all the unwanteds


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## 7mmsendero (Dec 2, 2010)

Here is the real dilemma (1) lock it and face the reality that someone will break in and cause damage or (2) leave it unlocked and it might become an outhouse.

Too bad people can't show more respect .


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## hillbillie (Jan 16, 2011)

TrekJeff said:


> *THE MICHIGAN PENAL CODE (EXCERPT)*
> *Act 328 of 1931*
> 
> *750.115 Breaking and entering or entering without breaking; buildings, tents, boats, railroad cars; entering public buildings when expressly denied.*
> ...


Reading subsection (2)It appears to me It is legal to enter a shanty 
(or other structures) " without breaking, any place which at the time of entry was open to the public ( unlocked?),unless the entry was expressly denied ."(Posted no entry or no trespassing?)
Your thoughts on this interpretation.


The way I have handled my permanents in the past.

I leave the shanty unlocked.Lets people know there is nothing of value left inside.

Cover the spearing hole with a locked cover.This cover is sturdy enough to support the weight of a large man.In this cover there is two 10x10 holes to allow someone to panfish.This I feel covers my butt for any liabilities and allows kids or even other fishermen to use the shanty in my absence with the hope they will respect and not vandalize it. 

I leave a 5 gal bucket
A bag of plastic grocery sacks for trash
A sign which reads: If you use my shanty in my absence Please take your trash and close the door good-luck.

The only problems I've had has been from snowmobilers vandalizing @ night 

In the old days before portables I did use other peoples shanties to panfish but would never think about spearing in someone's shanty.Never had a problem with a owner and often would be invited to join them. Sad to say but I think those days have come and gone


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## Anish (Mar 6, 2009)

Next year I plan to have a permanent shanty. I fish the same lake every day. All I can say is, heaven help any rogue pooper that decides to use my shanty!


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## bowhunter19 (Sep 15, 2009)

I'm curious why you can't use someone's ice shack without permission but if you have a duck blind out there it's fair game. You can't put a lock on itAND the duck blind has to have your name and address on it regardless. Just doesn't make sense at all 


Posted using Outdoor Hub Campfire


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## Anish (Mar 6, 2009)

bowhunter19 said:


> I'm curious why you can't use someone's ice shack without permission but if you have a duck blind out there it's fair game. You can't put a lock on itAND the duck blind has to have your name and address on it regardless. Just doesn't make sense at all
> 
> 
> Posted using Outdoor Hub Campfire


In my opinion (just my thoughts on the matter), if you didn't put it out there, you shouldn't be using it no matter what the purpose.

I wouldn't even have a problem with someone else using my shanty if people took care of it and didn't trash it. Unfortunately, people don't have any respect for others property. Needless to say, my shanty will be well locked!


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## bowhunter19 (Sep 15, 2009)

Anish said:


> In my opinion (just my thoughts on the matter), if you didn't put it out there, you shouldn't be using it no matter what the purpose.
> 
> I wouldn't even have a problem with someone else using my shanty if people took care of it and didn't trash it. Unfortunately, people don't have any respect for others property. Needless to say, my shanty will be well locked!


I agree I just don't understand how it's different 


Posted using Outdoor Hub Campfire


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## Anish (Mar 6, 2009)

bowhunter19 said:


> I agree I just don't understand how it's different
> 
> 
> Posted using Outdoor Hub Campfire


Right. I don't understand why it would be different either.


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## RogueStatus (May 2, 2011)

Anish said:


> All I can say is, heaven help any rogue pooper that decides to use my shanty!


LMMFAO &#128514;&#128514;&#128514; ROGUE POOPER! Not me &#128540;


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## Crazy Axe (Mar 11, 2007)

Not trying to stir the pot or upset anyone but I swear I read somewhere that permanent shanties aren't supposed to be locked. Something about if someone needs to use it for shelter, they are to be able to get in and hunker down.

The way I really feel about it, you should be able to lock your stuff up because of all the a-holes that steal and poop in it and all that stuff. Some STUPID fricking people out there and the scariest part, they are reproducing :lol:


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## Doc L. (Nov 5, 2013)

How come I never see "permanent shanties" on LSc?


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## naterade (Nov 30, 2008)

This thread has got to be 4 years old.


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## rodmen (Jan 14, 2014)

That's why I use a portable .same as putting a hunting. Blind on state land. First come first serve same whith a tree stand.Nothing you can do about it.except move.try putting acouple screws in the door of your shanty. That will keep um out.


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## Sasquatch Lives (May 23, 2011)

Search "icemancometh" and read about what happened to that guy's shanty. :yikes:


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## Crazy Axe (Mar 11, 2007)

"We are officially dealing with a __ samsquanch!"


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## Anish (Mar 6, 2009)

RogueStatus said:


> LMMFAO &#55357;&#56834;&#55357;&#56834;&#55357;&#56834; ROGUE POOPER! Not me &#55357;&#56860;


 
AH HA!!!!!! 

:lol::lol::lol::lol::lol:


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## bobberbill (Apr 5, 2011)

It's mine. NOT yours. If you want a shanty, get one. If you gotta take a dump, bring your own bucket. Don't care what the rules are. If i find you in my shanty, you've got more problems than you ever imagined.


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## Anish (Mar 6, 2009)

Sasquatch Lives said:


> Search "icemancometh" and read about what happened to that guy's shanty. :yikes:


OMG! Read the whole thread! Laughed my @ off!!!


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## Ricky Missum (Jan 10, 2003)

If you had a fellow fisherman that was in a "bad way" and he or she had no choice, it would be more of a privacy issue. Not wantin everyone to see the bare behind and pinchin off a loaf to top it it off!!! But, to leave it behind for someone to clean it up at another time???:yikes::yikes: The days when the owner would leave a pencil, notebook, or some type of log, and a trash bag and would ask you to record your fishing results: date, time, how long you fished, and what was caught, and clean up after your done and Good Luck!!! Are very far behind us indeed!!! Yes, this thread is 4+4 years old,but throw it the scant factor and it always brings it back to life!!!


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## TrekJeff (Sep 7, 2007)

Ricky Missum said:


> The days when the owner would leave a pencil, notebook, or some type of log, and a trash bag and would ask you to record your fishing results: date, time, how long you fished, and what was caught, and clean up after your done and Good Luck!!! Are very far behind us indeed!!! Yes, this thread is 4+4 years old,but throw it the scant factor and it always brings it back to life!!!



Yep, gramps had a log book in his shanty on Lobdell lake back in the 70's and 80's and probably before that. It was always cool to go out with him as a kid and read the "adventures". From what I remember he never had a problem. There is also a log book at the old rustic cabin near Vanderbilt (Gaylord Area)...the trail heads back into the forest and when you get to the river there is an OLD shell of a cabin. I can't remember how far the log went back, but it was an interesting read while taking a break from the river.


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## Enigma (Jan 30, 2006)

AH the good old iceman shanty a great place to leave a deuce, I feel better now must have been all the beef jerky.lol


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## swampbuck (Dec 23, 2004)

After reading this and the tip up ran over thread, I have came to the conclusion that some of you live in some really F'ed up areas......I know Anish does, LOL.

I haven't had either problem in a lifetime at higgins.


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## Philhb42 (Jan 25, 2010)

If it's open it's fair game. I have two permanents on the ice. I would rather have someone sit in it then drill a hole right by the door to get out if the wind. Although if someone **** in the shanty I would have a different perspective too!


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## kdogger (Jan 10, 2005)

You guys are idiots. People get misdomeaner b & e charges for going into an ice shanty without permission. Someone posted the law. It says ice shanty. Not duck blind. I heard about a teacher who lost his job going into an ice shanty.


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## Firefighter (Feb 14, 2007)

Law or no law, using someone else's shanty without permission is theft of another individuals efforts.

Get off your lazy ass and do your own work.


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## rodmen (Jan 14, 2014)

There ain't nothing you can do about it. Just make sure to get them off the Ice by next weekend.end of this month no more spearing


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## Mr. Botek (Mar 15, 2011)

Only in the case of medical emergency (stranded on ice, somehow clothes soaked) do I feel its acceptable to enter another's shanty without permission. Even then I would leave my contact info.

Sent from my SPH-M820-BST using Ohub Campfire mobile app


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## Anish (Mar 6, 2009)

swampbuck said:


> After reading this and the tip up ran over thread, I have came to the conclusion that some of you live in some really F'ed up areas......I know Anish does, LOL.
> 
> I haven't had either problem in a lifetime at higgins.


Hey now, what's wrong with where I live ?? Most of the problems I've had with people have been when I'm down in Fenton. The problems I've had this year I've never had up here before. For the most part, I really don't have any problems. Just seems this year the inconsiderate @ holes have been on the loose :lol:.


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## scooter_trasher (Sep 19, 2005)

Firefighter said:


> Law or no law, using someone else's shanty without permission is theft of another individuals efforts.
> 
> Get off your lazy ass and do your own work.


Yup Crime of the century, take it home and lock it up or get it off the public lake , you hold no squatters rights other than the 6, 8 or 10" hole your fishing in at the time


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## TrekJeff (Sep 7, 2007)

It's interesting seeing where this thread has gone. 

My question now is how many who have posted actually use a permanent shanty? The lakes I fish may have a few that still do, but the majority are portables. Although I've seen more on Higgins than any lake I've been on all season.


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## Bob D (Aug 23, 2006)

Wiling said:


> I used heater to make my home warm. This really important in winter season. I always to make comfortable situation for my family. Because they are the only well wisher for me. So i always give them importance.


This is the post that brought this thread back to life, LMAO.

Those icemancometh threads were classic.


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