Tree Stands on Private Property

[Wonders_Alone]

Our hunting camp owns over 100 acres in Forest County, PA. We have never disallowed anyone from hunting on the property as it abutts the Allegheny National Forest. Recently someone erected a ladder style tree stand on our property without asking permission We do not know who placed the stand. Our immediate concern is that we are going to sell some timber and the logger may well want to remove the tree that supports the stand, either for timber or for creating access for equipment.

We do not want to simply remove the stand as this could create hostility. We suspect it might be from hunters at nearby camps. We would like to serve some type of notice to give the stand owner an opportunity to remove the stand. Do we simply put a note on the stand? What amount of time is required? Should a notice be published in a local newspaper? Finally, what legal safeguards do we have if we or the logger need to remove the stand to facilitate timbering?

Any and all information would be most appreciated.

[cahoonzie]

Unless there is a possible problem with adverse possession, BLOW UP THE DAMN STAND. TAKE IT DOWN AND BURN IT IN THE WOOD STOVE. Seriously, this person has created a CONSTRUCTIVE TRESPASS. If you leave the stand, it is an Attractive Nuisance which will cause you and the club liability exposure.

If you want to be nice and give NOTICE, post such in really big letters in the mail to other local hunting clubs. Practicably, simply dismantle the stand WITHOUT ANY OTHER WORDS SAID. GOOD HUNTING FROM A FELLOW HUNTER!

[Wonders_Alone]

Thank you for your prompt response to my post. There is no issue with adverse possession as the stand was placed too recently. And I am very much aware of the attractive nuiscance issue and what it could mean with respect to liability. The same with constructive trespass. My concern is that I am not sure that PA law allows the destruction of another's personal property without compensation simply for being on our real property. The tree is real property and I suppose it could be argued that since it is attached to real property, the stand becomes real property too, but I am not sure. At any rate, before simply removing the stand, we would like some guidance as to whether we can do so without compensation, and if any notice needs to be given and if so, how best to do so. Any and all citations to cases and statutes would be most appreciative. Thanks!

[cahoonzie]

Remove the stand from the tree and you have eliminated any "Real Property" issues. The stand is then Chattle. Chop the tree down (remove it from your property) and you have eliminated any "Real Property" Issues. The stand and the tree are then reduced to mere Chattle (personal property). Respectully, you are "creating" issues. Give me the location of your property. Next time I go deer hunting, I will be sure to hunt your club's land.

Seriously, remove the tree stand and post notice along your property line. Better yet, make use of the stand if it is in a good location and well built. As to cites, do your own homework lol.