Private Property Boundaries

Discussion in 'Saltwater' started by Wyoforlife, Jan 19, 2010.

  1. waterworker

    waterworker Cape Codder

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    Mass. is the high water line(fishing ,fowling,and navigation rule)You can't cross someones property to get to it but you can go across their beach if your fishing.
     
  2. Wyoforlife

    Wyoforlife Dry Fly Purist

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    REPORT: To go along with the nontrespassing outing yesterday-- Sporadic hits and a couple of lands on decent sized SRC in the mid to south sound over a few hours of casting. The fish seemed to be about 30-50 ft. out on a low low tide and very unpredictable (go figure) Popper worked well, no interest in anything else...I was fishing a beach in front of a house that had signage posted, just on the other side of an imaginary line I drew that was on the SAFE side of his property and I turn around to find the guy standing at the edge of the water yelling out to me to go up 'his' beach because there are fish on the pt. 9 times out of ten. Considering the nature of this post, I had to let the masses know that human is capable of being friendly and hospitable and my faith has been restored in the never ending sportsman's journey. Sure enough, fish were exactly where he said they would be and I look foorward to returning to that imaginary line and hoping that the same beach owner will again appear and offer 'his' fish to my rod and line. It was a truly pleasurable day on the water...Damn, I need to fish more.
     
  3. NomDeTrout

    NomDeTrout Fly Guy Eat Pie

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    Great story. I share a similar experience. I was fishing a beach down in south sound and was cautiously making sure I don't go past the private property sign that clearly states no trespassing. A guy walks out his home and I'm thinking "ah shit, he's gonna give me hell for fishing TOO close to his beach." Turns out the opposite. He invited me over to his beach and told me he fishes his beach often and is quite successful. He also gave me some tips on what flies have worked for him. I hooked two that morning thanks to him.

    With that said, i try to keep things as simple as possible. If it says no trespassing, then no trespassing. If there is no sign and i'm trespassing, the property owner tells me to get out, no problem, I'll fish a different area.

    Man, if you guys think this is bad, I used to fish for bass on western wa lakes and some home owners REALLY flip out if you try to fish under their docks. I've heard of guys throwing rocks at your boat, grabbing their fishing rods and throwing heavy jigs at your boat...its a mess out there. I try to stay out of trouble. Typically I've found people are actually nicer to fly fisherman.
     
  4. dryflylarry

    dryflylarry "Chasing Riseforms"

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    I would say people are more sensitive about urban type beaches because of nearby public access sites where people wander beyond quite often I'm sure. I fish in rural areas with no problem, although I was asked to leave once in 50 years. If I wander in front of someones home, I NEVER look into there windows or turn around, I just fish. I think most people don't mind a fly fisherman on their beach and rather think it is a cool thing. "Wow, look at that guy fly fishing out there. I wonder if he's catching anything." "Oh look, he's got one on!" When I find the opportunity, I will ask for permission, but don't generally go knocking on doors. There is one place I want to fish badly, but I need to go knock on there door! Maybe this next week!
     
  5. Ken Hunter

    Ken Hunter Member

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    I like the MA law. That's the way it should be here.
     
  6. Upton O

    Upton O Blind hog fisherman

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    If a property owner gives me permission to trespass for any reason related to hunting and fishing I always go back and offer my thanks. I also have been known to return with a small box of See's chocolates as a gesture of appreciation. This was something my father taught me and I think it represents the spirit of respect and being thankful. I imagine a legally fresh killed salmon (hatchery type) would also go well as a gift. I just am not that good at saltwater fishing yet.


    Robert Ruark in The Old Man and the Boy said it well "There's more ways to kill a cat other than choke it to death on butter."
     
  7. Ken Hunter

    Ken Hunter Member

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    I always think it's a good idea to be nice to land owners. Sometimes you even meet some cool people that way. That said simple public access to the tidelands affects more than people who fish. It seems to be only Puget Sound that is affected. Our outer beaches and the rest of the United States seem to have laws that favor the general public.
     
  8. Steve Saville

    Steve Saville Active Member

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    Man, you can fish my beach any time you want!
     
  9. Steve Saville

    Steve Saville Active Member

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    A non-property owner will always prefer open access, unfortunately. The major problems we have with open access is that there are those who drink heavily and leave behind the bottles and trash, those who choose to build a fire where none is allowed, and sometimes those who need to relieve themselves and have nowhere to do it but in someone's front yard. It sounds crude but I don't feel like cleaning up after inconsiderate people who feel they should be allowed to fish a beach merely because there is water there. I have always allowed people the use of our beach for fishing purpose only. If they climb the bulkhead which is 6 feet high in most places, then I assume the liability for injury or I have to ask them to leave. Fish if you wish but leave it at that.
     
  10. dryflylarry

    dryflylarry "Chasing Riseforms"

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    A friend and I were out SRC fishing yesterday and secured "real permission" to fly fish on 3 different property owners beaches on Hood Canal. We were courteous and so were they. All they asked was that we don't trash their beach and don't take their oysters! We probably secured 1500' of beach fishing rights!!! It was awesome to say the least. Beautiful cobbley oyster beach perfect for cutthroats and good tide action. We are thrilled about the deal! I picked up one beautiful SRC of 16 inches before leaving. :beer1:
     
  11. Steve Saville

    Steve Saville Active Member

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    There you go, LARRY and everybody else.. That's all I would ask as a propertyt owner, as well. I'm sensitive to flyfishers and might question the motives of a gear guy but then the Pinks run only in odd years so only flyfishers approach my beach in even numbered years and in the off Pink time. When the Pinks are here, my beach is a madhouse.
     
  12. Wyoforlife

    Wyoforlife Dry Fly Purist

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    Makes me wonder...

    Back in Wyoming, I used to lease a plot of land for waterfowl and upland birds...The replies on this thread have me pondering a lease on tide lands...But then I remember the nature of the SRC and locking down one or even two beaches would be counter productive as these fish are extremely mobile...I guess asking permission on any given day is the way to go and like one thread said, show your appreciation for the access and drop a gift here and there. On the other hand, owning tidelands would be the ultimate and if I did, I imagine the tables would turn and I would become selfish to 'my' beach. Not saying I wouldnt allow the friendly guy who asked permission but for the guy who didnt, he better be running a zig zag back to the truck...Cheers!

    The never ending pursuit of rod and reel bliss...
     
  13. rotato

    rotato Active Member

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    the only people that i have kicked off my beach were some punk ass teen girls that tried to heckle my dog
    he ended up treeing them and i asked them to please go home
    i let the local game warden fish cause he is cool
    one year the terminal coho were packed under my shop which is on pilings
    there was a guide with a client wedged underneath going to town but he was in a boat so.....
    you are all welcome to fish here but right now there are no fish to be seen
     
  14. Ed Call

    Ed Call Mumbling Moderator Staff Member

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    I'm thinking comfortable tree stand on those pilings, maybe a shelf bivy so I've got dibs on those fish the next time they are stacked up. It is conceivable that even I can find a stupid fish or two in a stacked up school. A fish or two is all I need! Might I impose further and see if I can get an extension cord plugged into an outlet in your shop. This looks like the next season can really be shaping up! Thank you, thank you, thank you.
     
  15. Richard Olmstead

    Richard Olmstead BigDog

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    I don't own beachfront or riverfront property, but I do own property that has highway frontage, as do virtually all property owners. Cars whiz by on the road and people occasionally walk by on the shoulder. I maintain the property from the shoulder back away from the road to my house and the back property line. Truth be told, the highway right of way is someplace in my front garden, as it is with most roadside property. Occasionally when I'm out working in the garden a passerby will ask me about my garden and we strike up a friendly conversation. Regularly, I pick up trash left by automobiles and others who use the public right of way. Rarely, I have to replace a mailbox that has been vandalized (of necessity it occurs on the highway right of way) or a trash toter that has been rammed. I've never had an angry confrontation.

    Imagine if I were to put a sign along the shoulder of the road at each end of my property saying "no trespassing" and only let wheeled vehicles by on the road, but accosted folks who wanted to walk by on the shoulder.

    This is fundamentally no different from owning beachfront or riverfront property. As I understand it (imperfectly, no doubt), public access laws concerning river and waterfront access stem from the days when water was the primary means of travel for pleasure or commerce. No one who owned property adjacent to the aquatic "highway" could prevent others from passing by within what was reasonably seen to be the channel or beach adjacent to their property.

    I imagine that most folks who own beachfront or riverfront property also have a road frontage on that same parcel. They probably think nothing of people walking by on the shoulder of the road and only grumble mildly at having to pick up trash along the roadside edge of their property (although they may let the county take care of it), yet some of these same folks will squawk loudly at anyone passing by on the beach/river front side of their property.

    D