JLW

do the gates where you have to sign in and out like sportsman gates not work well? Like to know who is coming and going? Does that even cut down on the yayhoos... sign shooters fence cuttin cattle killin or shootin horses at cows? Haha! james

it seems as Arizona's laws are vague at best except when it comes to utility companies. Here is an article I found.... Know Your Easement Frederick J. Petersen Early case law describes property rights like a bundle of sticks. Each stick represents a different right that can include the right of ownership, of possession, of use, the right to collect rents, the right to income produced by the land, etc. Easements generally concern only one of those sticks--the right of use of property...someone else's property for a limited purpose. Today's law recognizes numerous easements. They include very particular situations such as giving the federal government the right to regulate navigable waters, even when the regulation interferes with private water rights (navigation easement), allowing unimpeded aircraft flights over one's land (avigational easement) and a prohibition against building structures on one's property that would block light and/or air on a neighboring property (a negative easement called light and air easement). There's even an easement that allows one property owner to flood another property owner's land, for instance, to control the water level of a reservoir (flowage easement). The "use" that is most commonly associated with easements is the right-of-way across someone else's property. Easements, especially right-of-way easements, can be created under the law by open, continuous and adverse use (prescriptive easements) or by statute for utility companies to benefit the community (utility easements). However, most easements are "granted" from the land owner (grantor) to another (the grantee). The "servient estate" of an easement is the property owned by the owner/grantor that the easement burdens or runs on. The "dominant estate" is the property owned by the grantee benefitted by the easement. When a right-of-way easement is indispensable to the reasonable use of the adjacent property, the law will create it by necessity. These are usually for property that is "landlocked" such that without the easement, there is no way to get to or from the property. Implied easements are also created by law when an owner of two pieces of land uses one to benefit the other such that, on sale of the benefitted parcel, the buyer could reasonably expect the use to be included in the sale. Once created, most easements are "appurtenant" (meaning they benefit a dominant estate) and are "incident to ownership" of the dominant estate (meaning that without the ownership of the dominant estate, the easement loses its purpose.) These easements are said to "run with the land." There are, however, "easements in gross," which benefit a particular person and not a piece of land. In fact, the benefitted person may not own any land close to the servient estate. With the exception of utility easements, there is little direction from the law in Arizona on what needs to be in the description of an easement. In fact, Arizona law says that an easement is not void for lack of a sufficient description, so long as the servient estate is sufficiently described. So there is no requirement that a "legal description" based on a surveyor's report be used. When the width, length, and location of the easement have been expressly set out in an easement grant, that description will be strictly read to control the scope of the easement, notwithstanding what the dominant estate actually needs. But where the terms of the easement haven't been fixed by the grant, the dominant estate is usually entitled to an easement with such width, length, and location as is sufficient to afford necessary or reasonable ingress and egress. Most litigation surrounding easements, involves disputes as to location, scope, extent, or purpose of the easement. Generally, resolution of these disputes involves filing a declaratory judgment action asking a court to establish the rights of the parties. A declaratory judgment action does not provide for or order enforcement of rights, it merely tells the parties what rights they have. Before any property is bought or sold, it is a good idea to review carefully any deeded easements to make sure they grant what was intended. Litigation involving the scope or intent of an easement can be lengthy and expensive. It is always a better practice to define easements carefully so parties know what rights in the "bundle of sticks" they are giving and getting. Does it have to do with the easement description on the deed? This is a great question! I hope some others on here have more knowledge of this topic. As str8shot stated there is alot of info on the net but nothing pertaining to arizona laws as far as right away.... james

OUCH! james

here is 1 description..... Recreational easement. Some U.S. states offer tax incentives to larger landowners if they grant permission to the public to use their undeveloped land for recreational use (not including motorized vehicles). If the landowner posts the land (i.e., "No Trespassing") or prevents the public from using the easement, the tax abatement is revoked and a penalty may be assessed. Recreational easement also includes such easements as equestrian, fishing, hunting, hiking, trapping, biking (e.g., Indiana's Calumet Trail) and other such uses. james

seems complicated! here is a link to the description of different types of easements. http://en.wikipedia.org/wiki/Easement james

I think I read something on this about antelope hunts... they do the survey during the "rut" because more bucks can be observed. Not positive but thought that was the discussion. james

I think these are some valid concerns. It seems to me that the current governor tags would have to decrease in value due to the increased supply of tags created by the new bill. but re: some guy buying all of them....I believe that they still can only kill one elk per year, one deer per year, etc.....right? yes james

someone is trying to pull the wool over someone otherwise they wouldn't have tried the back door! james

Done! James

if it was on the up and up they would not need to ram it through! this is no emergency! anyone should be po'd they are trying to push this through behind our backs! typical political BS! SNEEKY SLITHERING SNAKES! Anyone thinking this over... tell me why the hurry!?? James

very cool! thanks for the play by play! james

awesome! james

saturday watched 3 whitetail bucks feeding for like 3 1/2 hours 8:30am - 12:00pm got up to find a way to go at them and they pulled a houdini before I could plan out my stalk. saw 4 solo does before that. lots of sign everywhere, rubs, scrapes, and tracks! this was in 22 about 4600 ft elev. james

if I had a nickle for every time I drew my bow back and my arrow came off the rest I'd have about 20 cents! haha! one time I even pulled the arrow off the string cause I didn't let my finger off the arrow! It was pretty funny! I drew back and my arrow fell to the ground and the buck looked up at me and I looked down at my arrow and then dry fired my bow and the buck took off! and I still haven't bought a whisker biscuit! james

haha! you can only laugh that off. look into the retractable tether that can attach to your bino harness or backpack. james

way to stay after it! congratulations! james

congratulations to her! way to go! james

really cool! they sure were hanging around for a long time! must of been waiting on the owner of the camera! haha! james

So went out new years eve and glassed up some deer and wanted to get a better angle as they were moving into a draw. so I go down the road , I can see the road I want to get on and go through a ranchers gate the sign read "Please Close the Gate" so I go through and close it. the road splits I head straight so I can make sure of the road. another gate same thing. the next gate is locked so I glass a little and decide to go back and take the split to the right. another gate. go up on the flat the road led up to and it dead ends and the road I want is right there. I look for a gate and there is none. there are cattle everywhere. so I go back down and the ranchers kid.. maybe 20yrs old blocks the gate with his truck. then the dad comes and the kid proceeds to tell me this is private property I said the sign on all the gates said to keep them closed and I did. the dad gets out and starts yelling call the sheriff and yelling at me this is private property and what was I doing on his property! He said " you went through several gates to get here!" I said it isn't posted private property! I calm myself cause I'm gonna do something I regret! I said sir if I had known this was private I would not have came through here!" He finally settles down and apologizes and they "let me go"! If I had more time to fill my archery tag I would have went with get the sheriff here! I know I was in the right and he was kinda holding me hostage! I don't want to cause problems for other hunters but that guy is a jerk! By law it has to be posted Private property with like 2" letters every 100yds or 200yds or so. Not 1 sign did I see. The road is off Dugas rd just at the mail boxes while still on pavement go south at the mail boxes maybe 2 miles from the highway. I should have took pics but wanted to go find some deer! To top it off someone spotted the deer I was watching the weeks leading up to now and got out and stalked them not 200yds from where I was glassing and the buck ran right in front of me at 40yds! Oh well live and learn! James

the fact is we cross private property often while hunting. from my experience if they don't want you there they will post it. I will even help him hang the signs! He could have bought some signs instead of a trail cam at his gate. There are fences everywhere even in the forest but bottom line law says they must post it if they don't want you there! If I had driven up and there was a sign that said private property I would have turned around! It's posted when you turn onto dugas rd that you are entering prescott nt'l forest. I new there was private property, but often times they let you pass through to get to public land. james

nice! thanks for that info, I'll check that out! james

it happens.... don't let it get you down. I had similar things happen. this time of year most people glass from their vehicles so if you have that little hidey hole where you've seen alot of does now is the time to put a little distance between you and the roads. but if it can be seen from the road they will be all over it. I get bummed sometimes but like you said public land hunting. I know I have stalked the same deer at the same time as other people. Last year I had a nice 3 pt I put a good stalk on... he had 2 other smaller bucks with him and this kid went straight at him ( I never even knew the kid was around) and bumped him out of there before I got there. the stalk was perfectly in my favor wind highway noise bucks feeding. on the way back to the truck I ended up face to face with the smaller buck and we both sharted our selves. I had no clue they were still there! I was so heated HE blew my stalk but after I thought about it he was just out doing the same thing I was doing. I often rush my stalks because I'm worried someone has the same thing in mind maybe from another angle I don't see! But usually when someone sees what is going on they are pretty kind about giving space! even had a guy invite me on a stalk cause we were watching the same deer. he had me go to a spot where they always would run to and I didn't go as low as he said and sure enough the buck ran right by where he said I was 80yds and had I been in the right spot it would have been 25yds! Anyways, keep at it! It'll come together! I've had some tell me maybe 1 out of 100 stalks work out so I think I'm due! haha! Good luck! James

do a journal too! very cool to follow! whenever someone does a play by play it's like reading a good book! can't wait for the next chapter! especially when work sucks and all you can think about is the next time you get to go out and chase deer! James

I drove through the main gate and there was no sign just please close the gate. and none on the 3 gates after that. Just post it if you don't want anyone on your property! james I'm not saying you trespassed and if they didn't want anyone one in there they should have it posted on the gates. Then again you might not have even been on private land (something to think about). How I read your post was they were mad about your trespassing and not you hunting. I was just trying to point out there might be a differance between the posting for no hunting vs. trespassing. ahh I got ya!

I drove through the main gate and there was no sign just please close the gate. and none on the 3 gates after that. Just post it if you don't want anyone on your property! james