Trespassing or not?

[oates]

Hey all,

 

Bass opener, didn't get out but did scope out new spots on the river. I have a question, perhaps an experienced wader would know!

 

I found a large pool above a dam, it is hard to access but there is a bridge on a main road, undeneath is a small stream that leads to this large untouched pool (almost calm with lots of lillypads - looks like a bass paradise).

 

My question is, if I walk down this stream and into the river, is this trespassing, there is a sign on a small forested area to the right which says 'no trespassing' just curious, if I'm in this stream, am I on private propery. Don't want to break the law but not sure what the law is. I know with lakes, people own 50ft or so out in to the lake in some cases but with rivers and streams I'm not sure.

 

This is the only real access point that isn't on anyone's property I think - looks like a golden spot!

 

Any ideas?

[Twocoda]

knock on the closest houses door and ask for permission....sometimes people do own the beds to the rivers and streams ...but ...they cant own the water that flows through it ....to save yourself any expenses or harassment .....its easy to ask for permission and costs nothing

 

Cheers and Good Luck...(a smile goes along way

[Garry2Rs]

My question is, if I walk down this stream and into the river, is this trespassing, there is a sign on a small forested area to the right which says 'no trespassing' just curious, if I'm in this stream, am I on private propery. Don't want to break the law but not sure what the law is. I know with lakes, people own 50ft or so out in to the lake in some cases but with rivers and streams I'm not sure.

 

I seem to recall that the law says that the stream has to be navigable in order to be public, so I'm with Coda on this one...You better knock on some doors and ask permission.

Garry2R's

Edited June 27, 2010 by garry2rs

[alexcba]

being a river guy myself i can say this. if your not sure about the area, ask the owner of the property. you really don't want to deal with cops and what not, even if your in the right its a hassle you don't want or need. simply asking can go a long way.

 

i was once told by a CO on the pine that although the property owners do not own the river, they can own the land underneath it so if your wading thru the water your still trespassing if your feet are contacting bottom. so unless your in a float tube and your feet are off bottom your trespassing. i don't know how true that is, maybe he was just pulling my leg but this is what i was told.

[BillsTheBassMan]

Garry is right. The body of water has to be navigable to make it not-trespassing. This means that you need to be able to at least take a canoe or a kayak through the body of water (your standard speck stream is NOT navigable).

 

Also, you come into another issue with this - do the cops on the scene actually know this law or will they just hit you with a trespassing charge anyways? I'd imagine that 9/10 times, you get hit with trespassing, as this isn't textbook stuff for police.

 

When your situation is THAT questionable, you are just best to knock on some doors. If someone on a larger river tells you to get off their property though, and you're in the river itself, you can just pay no mind.

 

Ryan

[John Bacon]

being a river guy myself i can say this. if your not sure about the area, ask the owner of the property. you really don't want to deal with cops and what not, even if your in the right its a hassle you don't want or need. simply asking can go a long way.

 

i was once told by a CO on the pine that although the property owners do not own the river, they can own the land underneath it so if your wading thru the water your still trespassing if your feet are contacting bottom. so unless your in a float tube and your feet are off bottom your trespassing. i don't know how true that is, maybe he was just pulling my leg but this is what i was told.

 

He wasn't pulling your leg; what he said can be true but does not apply to all cases.

 

 

If someone on a larger river tells you to get off their property though, and you're in the river itself, you can just pay no mind.

 

That is not necessarily true. Land owners may indeed own the river bed of a navigatable river. Don't assume that you are free to wade their water way.