Private property?

[kentooley]

Hi guys: Put a lot of legwork in looking for bows yesterday. Managed to go 2 for 3. Tough fishing with the low water levels.

Came across a nice little pool that was holding fish and after releasing a fish I was approached by a gentleman who informed me that I was on private property. He was nice enough, I apologized and told him I had not seen any signs. He thanked me for my cooperation as I left.

My question is: If I'm wading a river am I trespassing if I remain in the water?

 

Thanx : Chris

[outdoorguy61]

It often depends on if it meets the definition of being navigeatable (sp?). If it does not, you could well be in the wrong. Another exception is or was on some rare rivers like the Ganaraska, whereby that the crown had somehow included the bottom in sections. It has been a while since I had anything to do with this, and suggest to use this strictly as a guideline and notthing more.

 

A lot of people have no idea how roughly defined it has to be to infer "No Trespassing". Something as simple as a fenced area and red dots can do the trick, in ensuring one has legally protected themselves to a degree. Signs are another aspect.

 

Sadly, this is increasingly common and becoming more rigid, due to the abuse by a small minority. I am in the process of trying to track down three people, at the present time for trespassing, damage and a break and enter, theft at a small rural cabin I own. I will prosecute to the fullest extent possible.

 

outdoorguy61

Edited November 5, 2007 by outdoorguy61

[kentooley]

I was hoping for a yes or no answer but it sounds like there's a lot of gray area.

 

thanx: Chris

[Roy]

There'll be a correct answer to this question posted soon.

[fish_finder]

Hi guys,

 

I don't post too often, but I am able to shed a little light on the situation.....

 

This was a situation I found myself in yesterday as well......was this on a GB trib??

 

here's a link that may be of use...

 

http://www.greybruceoutdoors.com/guestwrit...blewaters.shtml

 

dave

[ccmtcanada]

There'll be a correct answer to this question posted soon.

 

LOL Roy...

 

Ok...here's some quick reading on that topic. I cant remember what the answer was.....

 

http://www.ofncommunity.com/forums/index.p...pic=3302&hl=

[kentooley]

Hey f.f. Yes it was.

 

Thanx guys.

 

I guess all thats left is to do a little research into this section of the river.

 

Chris

[knotaclue]

A lot of places are private property and care should be taken before entering,

Learn where you’re going and ask if you’re unsure. It can save a lot of hassle down the road.

Having permission to fish an untapped pool is nice to have in your back pocket.

If it turns out to be private property remember one thing, they can’t stop as long as you know how to “walk on water”

[irishfield]

Found this while browsing MNR for shore allowance issues on my property

 

http://publicdocs.mnr.gov.on.ca/view.asp?D...achment_ID=7508

[knotaclue]

thanks irishfield ,thats a good read and worth saving a copy

[Tacklebuster]

Thats an interesting document Irishfield, as is the document link posted by fish_finder. So I guess based on the information on those links, a land owners property extends all the way to the water, and you have to be in the water in order to not be trespassing.

Edited November 9, 2007 by Tackle Buster