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Joined: Dec 2000
Posts: 1,414
8 point
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8 point
Joined: Dec 2000
Posts: 1,414 |
My parents have property that borders a small river in Cullman Co.This land has been in the family for many,many years.As a kid I waded and walked up and down in the river and on the banks fishing with no problems.However over the past few years folks have built here and there.Most are out of towners and have no idea who I am or my family.I guess my question is,is it legal to wade up and down a river or big creek and walk the banks if you have access to that body of water legally.I have no intention of getting on anybody elses land if I do not have permission but I have heard there is a right of way of some sort on rivers.I could not find an answer yet, just wondering if anyone might have some insight on the subject.
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Joined: Dec 2003
Posts: 9,763
14 point
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14 point
Joined: Dec 2003
Posts: 9,763 |
I'm no lawyer but I did stay at a Holiday Inn Express last night...  It's my understanding that the bank belongs to the land owner, the water does not. The issue might or might not be whether it's navigable waters, honestly I'm not sure about that.
"When you've stared down the barrel of a shotgun in your own home, 3rd & 20 don't seem too bad"......Ken "Snake" Stabler
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Joined: Jul 2009
Posts: 49
spike
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spike
Joined: Jul 2009
Posts: 49 |
the way i understand it is the land owner only owens down to the high water mark.But doesn't mean he want shoot all the way down to the water though.
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Joined: Feb 2002
Posts: 44,333
Freak of Nature
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Freak of Nature
Joined: Feb 2002
Posts: 44,333 |
I've heard a similar question asked about floating small rivers that run thru private property. The scenario was about stopping here and there to camp, look for arrowheads, etc. The answer was that the property line is at the center of the normal waterway and as long as you were floating you were legal. When you physically make contact with the riverbed, riverbank, etc you are "technically" trespassing. If this is true, you'd be trespassing if you left your property while walking in the water same as if you were on dry land.
Get the F out of the BATFE. The F is guaranteed by the US Constitution. Those other letters are not.
NRA Life Member
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Joined: Dec 2004
Posts: 25,421
I am Cornholio
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I am Cornholio
Joined: Dec 2004
Posts: 25,421 |
Originally posted by Wiley Coyote:
I've heard a similar question asked about floating small rivers that run thru private property. The scenario was about stopping here and there to camp, look for arrowheads, etc. The answer was that the property line is at the center of the normal waterway and as long as you were floating you were legal. When you physically make contact with the riverbed, riverbank, etc you are "technically" trespassing. If this is true, you'd be trespassing if you left your property while walking in the water same as if you were on dry land. Fingers, be careful taking advice from Ole Wiley, he lives on a mountain and they are lucky to have pond on that sucker much less a river or stream. He is spot on though
If you’re a common sense person, you probably don’t feel you have a home in this world right now. If you’re a Christian, you know you were never meant to.
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Joined: May 2002
Posts: 8,031
14 point
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14 point
Joined: May 2002
Posts: 8,031 |
Rapairian waterways. The waterways are there for your access, but the buck stops once you set foot on mother earth.
"Don't cling to Mistake, just because you spent a lot of time making it."
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Joined: Apr 2000
Posts: 4,288
10 point
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10 point
Joined: Apr 2000
Posts: 4,288 |
Originally posted by Wiley Coyote:
the property line is at the center of the normal waterway and as long as you were floating you were legal. When you physically make contact with the riverbed, riverbank, etc you are "technically" trespassing. If this is true, you'd be trespassing if you left your property while walking in the water same as if you were on dry land. We hear this question a lot from fellow duck hunters. What Wiley said is verbatim what we have been told by two different wardens.
If you do the things you need to do when you need to do them then someday you can do the things you want to do when you want to do them.
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