Can I retrieve a dead or injured deer from a neighbour’s land?

Featuring on the Bush blog over the next coming months, we'll be running a number of features from industry expert, John Thornley. He will be guiding you on the current law surrounding deer stalking, exploring common questions asked and the key issues of today. In this post, John looks at what is the correct procedure for removal of a deer on neighbouring land.

Firstly, no specific legal right exists allowing for the retrieval of a dead or injured deer over your boundary where you do not have authority to shoot.
Should a complaint be made, a case against you under 1 (2) Deer Act 1991 (England & Wales) or Section 17 Deer (Scotland) Act, 1996, may proceed.

However a legal exemption applies in England & Wales under Section 1 (3) in circumstances where you believe the owner would have consented had he have known of the circumstances. This is by no means straight forward and in practice it is difficult to imagine a Court accepting this without some evidence that led to your believe e.g. knowledge of the neighbour’s wishes formed perhaps through previous verbal agreement.

Of course every case has to be judged on its individual merits and it is for a Court to decide whether they consider the circumstances amount to an offence or whether the conditions of the legal exemption are met. I am afraid in the absence of this type of judgement there is no definitive answer to the question.
Irrespective of this exemption there remains the possibility of civil action against you for trespass and removal of the carcass, the ownership of which may be disputed.

My advice would be to make sure you contact adjacent landowners prior to taking on new stalking ground with a view to seeking their authority to retrieve deer shot legitimately on your side of the boundary. You never know you may pick-up some more stalking in the process!

Should you seek further clarification page, 148 of the book ‘Deer Law & Liabilities’ by John Thornley elaborates on this area of the law and the issues of shooting over boundaries.

John Thornley OBE is an author and legal consultant in Countryside Law, Deer Management and Firearms. He is Co-author of the book ‘Deer Law & Liabilities', published by Quiller. He was also Co-author of the Book, ‘Fair Game – the Law of Countrysports and the Protection of Wildlife originally published by Pelham Books.

John is an experienced stalker as well as being a keen fisherman and game shot. He is a member of the BASC Council and a Director on the Deer Initiative Board.