# Reciprocal Hunting Rights



## codybear (Jun 27, 2002)

My brother-in-law purchased a house on 20 acres down the road from me and it seems the entire section (1 square mile) has reciprocal hunting rights.. Since purchasing this property he has run into numerous people on his property and they all thell him they can hunt where-ever they want out there..

Here's the question:
Where are the laws defined for "reciprocal hunting rights"?
We searched the DNR website and cant find anything... From what everyone in the area tells us, anyone with land in that section has the right to hunt anywhere in that section... If thats the case, shouldnt it be defined somewhere? Without it being defined who's to say its just limited to the land owners and immediate family members in that section? 

Last year he ran into a guy on his property who claimed he was a relative to someone in that section that lived downstate, is that included?

Thanks for any help
CB


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## boehr (Jan 31, 2000)

Never heard of that.


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## 22 Chuck (Feb 2, 2006)

Who ever he allows will hunt. Reciprocial?? Must be some kind of a club. Ill hunt yours but dont you hunt mine.


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## glnmiller (Jan 7, 2006)

For it to be binding, I think such an arrangement would have to be documented, and if the previous owner agreed, it would not apply now unless it was part of the deed.


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## multibeard (Mar 3, 2002)

glnmiller said:


> For it to be binding, I think such an arrangement would have to be documented, and if the previous owner agreed, it would not apply now unless it was part of the deed.


I agree. It would be on the deed or in the abstract. or it doesn't mean squat.


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## codybear (Jun 27, 2002)

It is on the deed but all it says is reciprocal hunting and fishing rights in section 21... There are no lakes so he doesnt have to worry about reciprocal fishing rights... Its not a club... From what I understand, the section was broken up well over 50 years ago.. Most of the parcels are 10 acre parcels that are 165'x2300' (bowling alley) but there are a few 2,3 and 5 acre lots... In all there are at least 30 houses in that section... According to one neighbor, he has called the DNR out there a few times for people being on his property and claimed they werent even hunting but the DNR told him the neighbor only has to claim he is scouting... I'm pretty sure every DNR officer in Otsego county is aware of this area due to all the calls they get. The same neighbor told him that they can get it removed from the deed but every land owner in the area would need to agreee and from what I understand the landowners with the smaller parcels wont agree.

There is another section in the area that also has the same thing listed on the deed.


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## ironmachineus (Dec 22, 2005)

There must be more on the deed - it has to say who the reciprocal rights are shared between (what parcels). If you want to dig into this, find a local property attorney who can do a bit of research.


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## November Sunrise (Jan 12, 2006)

Wow. Reciprocal hunting rights? Of all the potential risks of buying hunting property that's not one that you'd think you have to look our for. I'm a strong property rights advocate - I can't think of anything more distasteful in terms of property ownership than an arrangement like that. Sounds like a mess. Hope there's some way that this can be worked out to your brother in laws satisfaction.


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## multibeard (Mar 3, 2002)

Ya never know what is on a deed. When I bought my house and 40 acres in '69 the purchase agreement was written up like the seller was retaining 50% of the mineral rights. 

Come to find out 50% had been sold off and resold a couple of times. A dumb lawyer whose wife ended up inheriting the rights lost them for her when he did not file the retainer on them the right way. His goof up made me some extra $$$$ on the one time I leased for oil.

In the old days an abstract came along with the purchase of a piece of property instead of title insurance which is a guarentee that the land is free of any claims against it. 

I just had my abstract out the other day. Real interesting looking at the history of the piece of property way back into the 1870's. It shows every time that the land was mortgaged over the year among other things.


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## DANIEL MARK ZAPOLSKI (Sep 23, 2002)

this is a PRIME EXAMPLE of why you need an attorney when you buy land and to do a title search. sure would have saved a lot of hassle right from the get go!
next thing you know you'll have to make them BREAKFAST before they hunt on your land:lol:


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## codybear (Jun 27, 2002)

DANIEL MARK ZAPOLSKI said:


> next thing you know you'll have to make them BREAKFAST before they hunt on your land:lol:


:lol:


As soon as my brother-in-law comes back (he is a long haul truck driver), I will see if he can get me the exact wording on the deed.

CB


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## William H Bonney (Jan 14, 2003)

multibeard said:


> Ya never know what is on a deed. When I bought my house and 40 acres in '69 the purchase agreement was written up like the seller was retaining 50% of the mineral rights.
> 
> Come to find out 50% had been sold off and resold a couple of times. A dumb lawyer whose wife ended up inheriting the rights lost them for her when he did not file the retainer on them the right way. His goof up made me some extra $$$$ on the one time I leased for oil.
> 
> ...


It's amazing,, some of the stuff that shows up on deeds. Long story here but I'll try to make it short. The neighbor across the street from me "semi-inherited" the her house from her grandmother and uncle. My neighbor is trying to re-finance the house and the mortgage company wanted to know who's name the deed was in,,, so my neighbor scours her records for the deed and finds it. As she's reading through she finds a "declaration/amendent" or whatever it's called,, by her grandmother. The amendment reads,, "at no time shall this property ever be sold to...... let's just say "african americans",,,, and that's not the term that was used. :lol:
My neighbor was asking me if I thought that was possible to do,,,,, I wasn't sure.


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## walleyeman2006 (Sep 12, 2006)

id think this one might be covered in your civil rights just maybe........worse comes to worse put up a shed and push people off with saftey zones....


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## JWICKLUND (Feb 13, 2005)

codybear said:


> Here's the question:
> Where are the laws defined for "reciprocal hunting rights"?
> Thanks for any help
> CB


Are you sure it isn't joint interest land? That is something I have heard of. Reciprocal lands I have not.


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## codybear (Jun 27, 2002)

JWICKLUND said:


> Are you sure it isn't joint interest land? That is something I have heard of. Reciprocal lands I have not.



I just talked to my brother-in-law this morning and he's going to dig the deed up later today and let me know what it says but I do know the word "Recprocal Hunting" is used, I just dont know the rest of it..


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## sniper's mojo (Nov 29, 2005)

The term "reciprocal hunting Rights" is likely being used to describe the details of an easement in land created by the 2 original parties to the deed. Since this easement is listed on the deed the purchaser will likely be considered to have been on notice at the time of purchase and the easement will be enforcable. This is all speculative without having seen or read the deed myself but it certainly sounds like what you are describing. If you want to do some research on your own search under the topic of "easement", and in particular "easement appurtenant". Then when you have a headache from trying to decipher who is the dominant and servient estates etc., call a local attorney and have him review the deed for you and advise you of your options.


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