Thread: Private land and fishing

Did you mean to post this here?

Probably best to try and get permission. In some states owners are real fussy about trespassing. Depending on whether the landowner has riparian rights, they may not own the stream-bed, but you still need access to the water. Better to be safe than get into a problem situation.
Bob

Originally Posted by deathb4disco

Did you mean to post this here?

I did. Seems like most stream fishing relates to panfish so I figured the most experience with private land would be here.

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Most streams and rivers here are public. I owned property on a lake in South Mississippi. It stated on the deed that I did not own all the way to the water. 20 feet from the water I had access and upkeep but no ownership

In Mississippi you need permission from the landowner. Now in Jack's case somebody else owns the strip between him and the lake. On the big reservoirs that land all the way around the lake is owned by the Corps of Engineers. On a lot of smaller lakes it's owned by the state. Creeks are owned by private land owners. Watershed lakes are built by the government. But the land under the lake is owned by private landowner and you need permission.

Here in Illinois we have borrow pits and the soil is used to build the overpasses. If the state stocks them then the landowner must allow fishing. It would have to be done from a helicopter though since they don't have to let you on their property.

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I have a small creek on my place and let me tell ya, permission is needed.

Each state can be different but many will be similar to TN. I studied the law on this as well as any lawyer….even consulted with my lawyer on it. For 4 years I was heavy into kayak fishing. TN has tons of small streams with tons of fish. I wanted to float all of them I could get to. In TN it has to do with what is considered a navigable waterway. That term does not mean what you may think. If so much as a log could have floated down it that could make it navigable. The state of TN goes by what the Corp of Engineers says is navigable. The Corp has a list…a very long list….of navigable waterways in TN. In the law it speaks of riparian rights…..and high water marks. If you are floating any stream deemed to be navigable by the Corp you can beach your vessel and be on dry land as long as you do not go above the high water mark. The law is very liberal on where the high water mark is. It just needs to be something apparent that water had at one time reached that level….driftwood…..beat down grass. The law…..as written is on the side of the fisherman. But……when the sheriff is called he is going to ask you to leave. If you do not leave you could be arrested. When you go to the local judge he does not have to go by what the law states. According to my research….and the conversations with my lawyer…..at no time ever in the history of the state of TN has anyone who was brought into court on this ever beat it. On the Caney Fork River here this happens every so often. Folks pull over to get out and stretch their legs and the landowner happens to come along. Sometimes the Sheriff is involved and sometimes TWRA is involved. All will advise you to leave. To me I decided even though the law is clear it was not worth the hassle. When you think about it, a man owns property in that county…..he is well known. You are an outsider no one knows…..you’re not going to win with the local judge. So I just gave up on it.

Regards


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