Agriculture: Wild damage

Damage to agricultural, forestry or horticultural land and plants caused by certain wild species (shell deer, wild rabbits and pheasants) is caused by certain wild species, even if they have been separated from the soil but have not yet been harvested.

If a plot of land belonging to a community hunting district is damaged, the hunting cooperative shall compensate the injured person for the damage. If the hunting tenant has taken over all or part of the compensation for the damage to the game, the obligation to compensate shall apply to the hunting tenant. In the case of self-hunting districts, the provisions apply accordingly.

If soil products whose full value can only be measured at the time of harvest are damaged by game before that date, the damage to the game shall be compensated to the extent that it is present at the time of harvest. However, when determining the amount of the damage, account must be taken of whether the damage can be compensated for by re-cultivation in the same marketing year in accordance with the principles of a proper economy.

Hunting damage is damage that has been caused in connection with the hunting of land.

Wild damage to vineyards, gardens, orchards, nurseries, avenues, individual trees, forest crops with main wood species other than those present in the hunting district or free-range plantings of garden or high-quality commercial plants shall not be replaced if: no use is made to the installation of normal protective devices which, under normal conditions, are sufficient to prevent the damage.

The usual protective devices for the prevention of wild damage are game fences which are used to keep them away from

  • red and fallow deer a minimum height of 1.80 m,
  • Deer and black deer have a minimum height of 1.50 m (wild fences against black deer must also be fixed on the ground against lifting by the black deer).
  • muffle deer have a minimum height of 2.50 m and
  • of wild rabbits have a minimum height of 1.20 m above the ground surface and in this case consist of wire mesh not exceeding 40 mm mesh and are at least 0.30 m deep in the ground.

The vast majority of all game and hunting damage is directly regulated between the injured person and the hunting tenant.

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