Trespassing

[strmanglr scott]

I'm back on a public seasonal road, at one point the river comes within 30 yards. No trespassing signs to be seen. Legal to cross that land and get to the river?

How about an unmarked two track that's not on the county map or GPS, no signs, do you drive it back to the river?

How do you go about unmarked land?

This varies by region I would think, which is why I put it here in Great Lakes area.

 

[mcnerney]

Scott

This may vary by state, I really don't know, but in Wyoming the landowner does not have to post his property, it is your responsibility. There is an excellent discussion on private/public maps on this thread:
GPS and map software?

 

[ia_trouter]

Driving off the public trail onto private land is probably trespassing in most states.

 

[Rip Tide]

In Maine it's a long standing tradition for sportsmen to "trespass" anywhere they like. It's expected.
Private roads might be gated, but even there you're usually free to park and walk.
If they truly want to discourage you, rather than post the property that walk will be very long.

 

[trout trekker]

It really depends on the jurisdiction.

Out here the zinger that catches a good number of folks is this, no trespassing doesn't need to be indicated by a sign.....signage of a thousand acre parcel, where there is no fence and there are no trees would be costly. So many jurisdictions have some version of this:


"2. A sufficient warning against trespassing, within the meaning of this section, is given by either of the following methods:

(a) Painting, at intervals of not more than 200 feet on each side of the land, upon or near the boundary, a post, structure or natural object with not less than 50 square inches of fluorescent orange paint or, if the post is a metal fence post, painting the entire post with such paint."


So here, a ten inch by five inch section of orange paint on a field stone is a no trespassing sign, whether we happen to see it or not.

Dave

 

[plecain]

In Maine it's a long standing tradition for sportsmen to "trespass" anywhere they like. It's expected.

NH is pretty much the same.
One thing that makes it work is that the landowner's liability if you hurt yourself is strictly limited.

 

[strmanglr scott]

Scott

This may vary by state, I really don't know, but in Wyoming the landowner does not have to post his property, it is your responsibility. There is an excellent discussion on private/public maps on this thread:
GPS and map software?

As much as I've been on here lately I should have seen that. Had the last two days off and the phone sits much more. It's a good thing.

 

[bigjim5589]

In today's electronic world, it's not difficult to identify "public" land. I was taught that someone will own a property, and if that person has not given me permission, then stay off the property, whether it's posted or not. This should be common sense.

There is a lot of un-posted lands in my area and most do not have fences. Common sense should say stay off those unless they are public, or permission is given otherwise. Not too far from my house is a tract of land owned by the Santee Electric, ( CoOp and also owned by the state) that is public hunting land, yet requires permits to enter. There's plenty of public land in my area.

Most of this type of information is available if you search for it. If you go onto private property and get caught, you deserve whatever consequences are involved. If you go to an area you are not familiar with for hunting or fishing, your fault is that you did not prepare! No excuse for that!

I once had waded up a stream in MD and a landowner approached me, stating that I was trespassing. We discussed it, civilly and agreed that as long as I stayed in the water, I was on state & public land. Not everyone will agree with that, as I have had it happen before on other streams, but I also agreed not to come back, just as a matter of keeping in good graces with that fellow. He was pleasant enough as we talked awhile, and had said he had problems with trespassers hunting & vandalizing his property. A very good reason that many land owners take the position of keeping others off their lands.

So, either make sure or don't risk it, or find out well in advance and get permission. This is not difficult to do!

I have read that purple paint is used in some places too in the same manner as the orange paint in trout trekker's post. I think I had read that WVA is such a state.

 

[bigjim5589]

BTW, there are two signs that I have seen that also keep me off other folks property! One sign states :

"Ammo is not cheap, there will be no warning shots!"

The other sign : "Violators with be shot! Survivors will be shot again!"

 

[strmanglr scott]

In Michigan, if the water is navigable, it can be waded, it's considered a public waterway. A bridge crosses it, it's an intersection, just like making a turn in the vehicle only you walk after the turn.

If the land owner insists on giving the fisherman more grief, obviously police can be called for angler harassment. Also, if the stream is being stocked by the state they will stop stocking it.

I respect property owners. Their land, stay off, I get it.

I didn't know the other thread was going on, basically the same thing. How do you know whose land?

I will do some more digging.

 

[rusty 54]

In much of northern Michigan, trout rivers run through a great deal of state or federally owned property. Because of this, it is more important for land owners to post or enclose property so that the rest of us know. In southern lower peninsula, unless the land is designated as public, one should assume that it is private. Not all rivers have been deemed navigable. Unless it has been declared navigable, usually requiring a court action, you could be trespassing even while in the water.

 

[pryal74]

Unless it has been declared navigable, usually requiring a court action, you could be trespassing even while in the water.

I do not think that is at all true. This is the law, from what I can find. Private land along rivers often extends to the middle of the river, but federal law confirms a public easement to navigate and walk along the banks. I can't remember the line. But it's a certain distance (in feet) to the high watermark. I'll ask my friends in the DNR tomorrow and find out for sure.

 

[DonW]

For those who are looking at fishing near private land I would encourage you to do a little research before venturing forth. In Minnesota the laws are very confusing as each type of water has its own set of rules, I just moved from a property that contained a stream, pond and a large amount of lakeshore. Each one of these water types brought about trespassers dependant on season, none of which had a clue to what MN trespass law was (but thought they did). This constant issue was one of the main reasons I left my dream property after working for years to afford such a property. People are jerks when it comes to these type of situations and both my wife and I had had enough.

 

[0bie]

Many states/counties now have their property ownership info available online. Typically something like " Washington County Parcel Viewer" will often turn them up. Local libraries typically keep county plat books on file too, which is an easy way to find land ownership information.

 

[JoJer]

My son has software for his tablet that shows ownership-Fed, County, State, private- for the whole state. It will also take you to contact info if you want to ask. You can print or store info for when you are afield and off line. I believe this is available for most of North America.

 

[cdnred]

My son has software for his tablet that shows ownership-Fed, County, State, private- for the whole state. It will also take you to contact info if you want to ask. You can print or store info for when you are afield and off line. I believe this is available for most of North America.

What's the name of the software that he's using, is it public domain..?

 

[sasquatch7]

Basemap , if you can figure it out .

 

[brownbass]

"I have read that purple paint is used in some places too in the same manner as the orange paint in trout trekker's post. I think I had read that WVA is such a state."
Missouri has a "Purple Paint Law" I believe the painted parcel of land is even more enforcible than a No Trespassing sign.

Bill

 

[ejsell]

And PA, completely forgot I had read that last year and saw some trees mark today at the high water line with purple paint.

Sent from my SM-G975U using Tapatalk

 

[Upstate08]

BTW, there are two signs that I have seen that also keep me off other folks property! One sign states :

"Ammo is not cheap, there will be no warning shots!"

My father used to have a sign on our property that read, “This property is guarded by Smith & Wesson three days a week. You guess which three.”

 

[100954]

Each state has trespass laws unique to that state. In many states all private property is considered, “posted”, and permission must be secured. In other states, like North Dakota, hunting/access is legal unless the property is posted by “no hunting” or “no trespassing” signage. Technically the signs are supposed to be signed and dated by the land owner. In Minnesota, I believe crop land is“Automatically“ posted But forest land is not and can be accessed without permission. River and stream access of course has been discussed previously on this forum.