Found this tucked under my wiper this morning.

[BillM]

Decided to hit a local stream this morning and wash a few lures. Was out about 4 hrs or so and was greeted with this when I got back to the car...

 

 

 

Here is where things get a bit blurry though... I didn't see any trespassing signs, nor did I walk across anyones property to get to the river. I parked besides a bridge(which the last time I recall was public property) donned my waders and started my trek up the river. Seeing that the Game and Fish act states that the property owner does not own the bed that the river flows over, how in anyway was I trespassing? I'm not here to start anything, and I won't be back to this spot, but I wanted to ask a few people that may have dealt with this before. I wish whoever left that note would have also left a number so I could have atleast called and apologized, but also stated why I thought I had every right to wade into that river and fish...

 

Caught atleast 30 little bows and saw a couple of big ones, but boy were they spooky.

[Beats]

Apparently The Landowner is a tad over protective of his/her land (or what they deem to be their land) if they have gone so far as to create little cards to run around and stick on ppl's windshields.

[Guest skeeter99]

it is not even real

 

 

it aint worth the ink on the paper, it is just a homeowner that does not like vehicles parked around

 

I can understand if it was their driveway/allowance etc. but if you were parked by a bridge etc with no trespass signs present u are okay

 

but I think this is not the issue

 

I think it was where u were in the river and or walking on the land by the river, it very well may be owned by that person hence it could be a problem

[BillM]

If I would have gotten out of the river and went on land, then yeah he has a very valid point. But I didn't... luckily enough for me the river was low and I could wade the entire thing, average depth maybe 6 inches, I only fished the pools obviously.

 

I realize this ticket isn't valid with the MNR or anyone else and that the property owner made them up himself. I'm just trying to figure out if I did anything that would warrant something like this. I don't wanna go around pissing people off while I am trout fishing, lol.

[solopaddler]

Believe it or not some landowners do own the streambed....

[salmon]

If I would have gotten out of the river and went on land, then yeah he has a very valid point. But I didn't... luckily enough for me the river was low and I could wade the entire thing, average depth maybe 6 inches, I only fished the pools obviously.

 

I realize this ticket isn't valid with the MNR or anyone else and that the property owner made them up himself. I'm just trying to figure out if I did anything that would warrant something like this. I don't wanna go around pissing people off while I am trout fishing, lol.

 

Bill

I will ask one of the guys that I work with. His wife is OPP.

 

I will let you know ASAP.

 

Jose

[jwl]

maybe you should try and contact the MNR, and the local cops and see what they have to say about it

 

then again you probably don't want any crap to happen to your vehicle when you park it to go fishin....take a pic with a noticeable land mark in the background so you can clearly tell where your vehicle is parked in the shot incase anyhting stupid every happened like your car got towed away

[BillM]

Believe it or not some landowners do own the streambed....

 

I read that in the Game and fish act. If he does (and I highly doubt it, as this is a pretty popular river) then his note was well warranted...

 

I'm not worried about repercussions or anything like that, I'm just trying to figure out if I was in the wrong or not...

[bigfish1965]

That's just funny right there. Your car is trespassing! Your vehicle cannot be towed by a private citizen for parking on the street or for a tresspassing violation. Nor would an OPP officer write a trespass notice under the "Game and Fish Act" but under the "Trespass to Property Act". There is no such thing as the "Game and Fish Act". It was repealed in 1999 and replaced with the "Fish and Wildlife Conservation Act".

[Wild]

First of all the person (s) who wrote that did not identify themselves and that could be a form of intimidation. In Ontario landowners can own the the property including the bed but they do not own the water.

[cram]

He clearly thinks he owns it, and there must be a lot of `trespassers` otherwise would not have gone to the trouble of creating those forms. I wonder if the form actually comes from the MNR or if he was instructed by them on what to put on the form (seems a little too templated to be just created by him).

[Wild]

Bill was it this guy?

 

http://www.thestar.com/News/GTA/article/488576

[ch312]

ive been hunting for about 15 years (7 years on my own) and ive seen everything from notes left on my vehicle to people firing warning shots in the air. ive done a ton of research on trespassing and have figured this much out.

 

-the property does NOT have to be posted

-landowners can own the land under water

-trespassers will be charged if the landowner decides to press charges

-it is your responsibility to obtain permission to step foot on someones land

-if you drive off the road onto someones property to park, you could be charged with damaging property (knocking over small trees, tearing up grass, etc.)

-you will get more complaints in the late summer and fall because people will think you are growing weed on their property

 

you likely had to walk on his property to get down to the water which would be trespassing. maybe your vehicle was too far off the roadway and on his property?

 

its a huge pain in the arse to find out who owns what property and where each property ends, but its nice when you have permission and know where you may go so you dont have to wonder if theres going to be an OPP waiting for you when you get back.

[fishing n autograph]

nope, it doesn't mean anything, land owners can't press charges for trespass. If there were no "no trespassing" signs and he didn't tell you to leave then you can't be charged. It's a scare tactic to keep you away from his land.

 

Landowners don't own the water unless it's a pond or private lake. If it's a stream or river running through there property then the fence line and boundaries act and the waterways act (i think it's call but i know i'm wrong lol) says that if you're not on the river bank then you can travel through the waterway. I remember being told by my trainers that on a river the property extends something like 5 feet into the river and then they have no say to allow boats/canoes etc to travel through it.

[fishing n autograph]

no trespassing HAS to be posted with CLEARLY VISIBLE signs

[Fisherman]

I thought the stream had to be navigable by some sort of vessel to be exempt from private ownership, don't think waders are included. How close to the bridge did you park?

[Canuck2fan]

Ummm it wasn't a "landowner" at all that put that on your windshield it was a ticked off fisherman because you were fishing in HIS SPOT and this is his way of getting you not to come back LOL.

 

I highly doubht that something signed "the landowner" has any legal validity regardless of anything else. In all likelyhood the land owner is the BANK anyhow.

[bigugli]

Some landowners do actually own the stream beds that run through their properties, and pay taxes on that portion of the stream. These deeded rights go back to some of the earliest land patents granted to Loyalists and government cronies.

It could also be an overposessive landowner. Its not unlike the cottage owners who post bogus sanctuary signs on their docks while allowing their kids to fish the same dock. They think they own the fish.

[CLofchik]

I read that in the Game and fish act. If he does (and I highly doubt it, as this is a pretty popular river) then his note was well warranted...

 

I'm not worried about repercussions or anything like that, I'm just trying to figure out if I was in the wrong or not...

 

There's lot's of popular rivers around Barrie that have riverbeds privately owned, most GBay tribs aren't classed as "navigable" and a ton of landowners get ticked off by anglers quoting bits & pieces of selective info as they wander around. The kind of foolishness that happens every year up there during salmon season doesn't help either.

[bassjnkie]

I didn't read everyones post, sorry if this was said. There is no By-Law number on that ticket, so it's not legit. Dumb land owner or prank in my opinion.

 

And no you were probably not trespassing anyways.

[jediangler]

Lets have a GTG with 100 or so OFC'ers right at the bridge. That'll get him going

[mattmacewan]

It's bogus...

 

It says he (whoever that is) presses charges everytime and then later on says you've been warned, so it's legally contradictory right off the bat. To be charged you need to be cited the Act or appropriate law, and the specific paragraph or subsection ie. Highway traffic Act, section X, subsection Y - speeding 15km over...and the agent of the appropriate legal body capable of writing you a ticket.

 

Even if he owns the land he cant write you a ticket (he'd have to call a cop to come and do it) although he could legally stand on the fact you've been warned.

 

You could write him a little note back saying these little pieces of paper are 1 - littering and 2 - vandalism since his pen ink ran and stained the paint on your car....

[fishing n autograph]

yeah, first of all, for him to "press" trespassing charges...he would have to haul his butt to a justice of the peace and provide what's called an information. Anyone could do this in regards to ANY provincial offence. Anyway, if he calls the police, the police are going to tell you to leave anyway. Most won't give you a tag, unless the land owner tells you to leave and you refuse....either way, he's being a tool.....

[ch312]

no trespassing HAS to be posted with CLEARLY VISIBLE signs

 

no it doesnt. says who you ask? dads best friend who is a detective, the police officer at the cop shop i called to find out myself, and my neighbours daughter who has worked for the mnr for im guessing 10 years.

 

its is the responsibility of the person who wishes to use the land to find out who owns the property along with where each property line is. real estate agents can be used for this (some actually wanted me to pay them for 5 minutes work )

 

the overall answer i got from everyone i have asked is that you should treat it just like your backyard at your house. it does not have to be posted no trespassing for you to press charges if someone comes on your land. its a simple process really. you notice someone on your land, you call police and wish to have them removed. the police will show up and hopefully catch the trespassers. they will ask all their questions and basically relay the info to the landowner if they are not present. if you insist that charges are laid, the trespasser will be charged.

 

and no the landowner does not need to inform the trespassers to leave. cops actually encourage landowners to call them instead to prevent any confrontations between angry, and possibly armed, landowners and trespassers.

 

ive been the trespasser (didnt know previous owners sold the land) and was nearly charged and pretty much had to beg to get off the hook. it was this wakeup call that made me do all this research and crap to make sure i didnt run into that problem again.

 

 

another thing that may be an issue is hunting season. when you seek permission to hunt someones land you also find out who else will be using the land and for what. i gladly report any vehicles that shouldn't be in the area for safety and to protect the land i use.

[cram]

a lot of lawyers on this site apparently.

 

If it is his property, he can have the police or MNR press trespassing charges (assume that's what is meant on the tag) though for the most part i think they just ask people to leave. Maybe this is his way of showing the MNR or police that you've been asked/warned before and are a repeat offender. It looks very templated to me.

 

I think the key is to find out if its private property. If it is, then he's probably just an irritated landowner (esp. if that creek sees a lot of traffic). He could probably be more polite, but then some of the comments in this thread are really bad form as well. It goes both ways.

 

btw - there are OFTEN substantial charges on hunters for trespassing on private property. I have heard of 500-1000 dollar fines. Not sure about fishing.