Hunters and size of fences to keep them out

casadiforesta Image
10/06/2010 - 08:33

Dear all, I have quite a bit of land in southern sicily and have been told that you need to have a 6ft fence around the perimeter of your land to legally stop hunters and anyone else coming onto your land.  6ft seems quite high.  Does anyone know if this is true. Thank you



That's what we were told here in Marche and duly have erected around our land.  Unfortunately doesn't stop the b******ds coming right up to your fence and waving their guns around.  I hate this time of year as dare not let the dogs out unless supervised even in our own garden.  My husband has a very old metal wheelbarrow that gets "hammered into shape" everytime they come anywhere near us and it can take hours to straighten out said wheelbarrow:-)  I'm not a vegetarian but object strongly to murder for fun!

I did read [on the old site I think] that you can ask your Comune to designate your land a 'no hunting' area.  Apparently this can have an effect - presumably because its the Comune and not you saying not to hunt.   Of course - some will say that if you move to a new country, you should accept [but not necessarily agree with] their way of doing things

Doesn't really matter what size your fence is, if they want to cross you land or hunt on it they probabbly will. The best thing to do is have a chat with your local hunt if you have any problems, as trying to fence your land off, and stop them without having a chat first, will always end in conflict. Italy has always had a strong hunting/shooting tradition and they fiercly defend their right to carry this out in rural areas, and as the law on right to roam and hunt favours them then there is little one can do to end it. Talking seems to be the best option and if you point out you have livestock/dogs/cats etc that are likely to be on the land they might give you a break. It's one of the problems living in Italy has and if one doesn't like it I'm afraid you have to lump it.

I believe that if your land is fenced and posted with no hunting signs (via the comune) then the hunters do not have a right to cross it. And there are also laws which prohibit the discharge of a gun in the vicinity of your home, however these are often ignored. But in the 5 yrs we have lived in rural Marche, we have seen a decrease in the hunters that come onto our land, perhaps it is a dying "art" around here at least, one can only hope so.

If you wish to prevent hunters from accessing your land (which they have the right to do) then you must apply (probably to the comune, though it is a provincial matter) to declare the land a 'fondo chiuso' and then you must fence it with a 2m high fence. However, it depends on how large your landholding is (if it is a 'garden' sized area you can fence it without applying (and paying the tax, annually) for a fondo chiuso). If you are fencing it because you are growing crops, then you are in the clear. If you have a large landholding, and the provincia grant you (at a cost, and depending on whether the provincia have still land available to be taken out of hunting rights) you can fence it (2m) , although you must still allow access to any neighbour who has a right of way (un servitù). Codice civile articolo 842 covers it. I agree with Angie and Robert that 'la caccia' is reducing every year, and the hunters are (legally) not allowed to shoot towards your house from a position closer than 200m, and they have to be 100m distant to shoot away from your house. For sure they don't obey these laws, and I understand that they can be a pain, but because 'free roaming' is inherent in Italian land law, to protect yourself completely from birdshot you have got to pay! If a hunter is being particularly pesty you have every right to insist on seeing their licence, and you can then report them to the relevant authority (I think the provincia) - if they can't show you a current licence then they can be asked for their carta d'identità....I'm not sure I'd be brave enough to pursue this one with an armed adversary!