The right to remove an injured animal from a private property?

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Stompsy

Very Well-Known Member
Hi Guys,

Just as the title states, what rights do I have to remove an injured native bird from a private property?

Quick back story... I know the people and stay at the property regularly. They have several Maned Wood Ducks who frequent the swimming pool, however fly out each night to roost elsewhere.

Last Saturday night we heard them fly back in but one hit a tree branch and injured its wing. (We couldn’t see the damage at the time)

Fast forward to today and I find out the bird can’t fly, has been sleeping in the bushes in the back yard and it’s wing is visably injured and it is possibly limping.

The owner of the house encourages the birds to come in by feeding them but won’t let me take it to a vet to check it over. I have no idea why they don’t want it removed and a heated argument ensued, resulting in me leaving the house extremely frustrated and angry.

I really just need to know if I can get into trouble for just going there in the morning and retrieving the bird. It’s a wild animal but they have stated that they do not want me removing it from the property.

Please help! I really want to get some help for this bird before a fox or cat gets it during the night.
[doublepost=1535710706,1535710626][/doublepost]Oh and I called AWARE for advice and was told to just wait until they leave and go grab him whilst they are out. But I’m not sure that’s a good idea!
 

Pauls_Pythons

Donator
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Trusted Seller
I think legally you could be prosecuted if you remove the animal without permission though it would be a stretch. Have you called the RSPCA? I know they are generally useless but might be worth giving them a call as they do have right of entry.
 

Nero Egernia

Well-Known Member
While it may seem cold and inhumane I'd personally leave it be. It's nature. There's a beautiful and an ugly side to it. I understand that you'd want to save it but this unfortunate bird injured itself through natural causes and if it falls prey to some predator because of its injury it's simply life. I used to try and save everything too but I've since adopted the stance that if it's from a natural cause - and not via man made means - then it's simply nature playing out and it's best not to interfere. Unless if it's experiencing an agonizing death then putting it out of its misery would probably be the kindest thing to do.

It's a tough call, but the decision's ultimately up to you.
 

Flaviemys purvisi

Very Well-Known Member
Trusted Seller
Whilst I simply do not understand the reason why the owners are forbidding you from removing the bird from the property to seek veterinary assistance, I agree with what Kayla has just said about letting nature take its course.

They must be an odd bunch and I wouldn't risk going out of my way to save an injured duck if it meant I could be prosecuted (as Paul mentioned) for removal without permission, (it could probably be almost deemed as stealing??), trespassing and or what-have-you.
 

Stompsy

Very Well-Known Member
While it may seem cold and inhumane I'd personally leave it be. It's nature. There's a beautiful and an ugly side to it. I understand that you'd want to save it but this unfortunate bird injured itself through natural causes and if it falls prey to some predator because of its injury it's simply life. I used to try and save everything too but I've since adopted the stance that if it's from a natural cause - and not via man made means - then it's simply nature playing out and it's best not to interfere. Unless if it's experiencing an agonizing death then putting it out of its misery would probably be the kindest thing to do.

It's a tough call, but the decision's ultimately up to you.
I’ve been mulling over this for those exact reasons. I’m still swayed to help the poor bird because really, how many other birds are killed or injured by human means.... we have to at least try tipping the scales somehow.

There’s another reason why I haven’t just snuck back and taken the bird and that’s possibly swaying me moreso than the risk of being charged with trespassing.

I don’t know, I’m so torn. If it was on my property, I would have taken the damn thing for help as soon as I realised it was injured.

Sigh.
 

sacred_DUC

Active Member
let nature takes it's course, maybe they feeding it up for dinner plate out of season for them, and not the greatest eater but crumbed and pan fried mmmm (omg)



we already do enough damage with artificial lakes and land clearances
 

Buggster

Well-Known Member
Call the cops and/or RSPCA on them. If they have a native animal injured on their private property and they have been made aware of them, it is there responsibility to provide care. If they’re downright refusing I’m sure the RSPCA will make something up to get them into some trouble...
 
I work with a large wildlife rescue organisation on the east coast and I can 150% assure you that the rule is this:
Only the police paramedics or RSPCA inspectors have the power to trespass on someone else’s property.
HOWEVER
If I get called to a job by “Jenny” who is worried about an injured bird in her neighbours yard in clear sight which the neighbours dog has had at.
does Jenny know the neighbours well? If it’s a no then you call for assistance from rspca or in our case even the police. BUT if Jenny turns around and says yeah I have lived next door to them for 5 years great people but I can’t seem to get ahold of them however Jenny knows the neighbours dogs name and is able to call it over to her where it reacts friendly to her then in that case I would jump the fence and go and get the animal.
It’s a very grey area for volunteer rescuers/wildlife organisations you need to be 150% certain that you have some kind of “Garuantee/permission” to go in there. :)
 

nuttylizardguy

Suspended
Banned
I would intervene , and you will be fine if it's to rescue it and take it to a vet for treatment. Especially if time is of the essence or it's in imminent danger.
 
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