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Don't forget the W5 when asking a question CK, who? what? when? where? why? you will always get a better answer.

 

Any right of way or public "easement" doesn't mean that we as citizens have the right to use that property. For example my deed shows that I own to a certain property line, and that location is an exact number. However the municipality has access to so many feet onto my property to serve the community for services etc. It could be to run a gas line to a neighbours residence, cut back limbs on my tree as to ensure foliage does not interfere with electrical lines, put in a bus stop and run underground telephone cable for example. The list goes on and on. They can do all this without my permission. However anyone that is not authorized to do so although on a municipal right of way or easement is trespassing. Public right away is not a good term, the public is not allowed to use a municipal easement on private land. For example, we own to the shoreline as it was when surveyed in 1986 and not beyond that, so theoretically anyone walking along the beach is trespassing and I am responsible for their safety even though that's trespassing. If they wanted to fish there they legally would need to be standing in the water to do so, at least past the geographic waypoints that the survey shows .Personally I see people fishing from shore there regularly and just wave and remind them that my charge is 4 nice size jumbo perch. I sure would never ask someone to walk around the property when they were taking a stroll my next door neighbour actually put up no trespassing signs on the beach. But, when someone decides to make a bonfire on the beach and drink while blasting music they were not welcome and were told so. If they weren't drinking and kept the music down after,and I mean AFTER, they asked my permission well then maybe. But you just can't use a municipality easement to fish, it is private property in most al cases. That's why you can fish from a bridge, now that's public property.

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