26 replies to this topic

[hbird]

Didnt know where else to put this topic and yes im aware this is a bass forum but i didnt have anywhere else to put it,

Recently we have been running a trot line with livers and hotdogs in my friends lake, small lake id say 8 acres or so, maybe smaller, we ran the line from one side to the other, worked on making it all day long, and one side we tied it on we noticed it fell off into the water, we didnt think it came untied. I tied a really really good not, To a tree at the edge of the water/bank. So we picked it up from the other side and re tied it. Today we had a Noodle out in a shallow part of the lake, this man was fishing and all of a sudden he picks it up while were sitting on the back porch, and throws it on the bank. I yell "Hey what the hell are you doing?" he says "come get it" i went out there to get it, i told him what makes him think he can pick up my noodle i set out like that? He proclaims "Its on my property i can do whatever i want" I said Sir when you bought your house you didnt buy the water, he says my property line goes into the water, I told him i didnt think that was true, i asked if he was the guy who was messing with our trotlines and he told me he has, i told him were just a bunch of kids trying to have fun, he told me "this isnt a lake for running trotlines and jugging son" i told him we could argue alll day but its not right for him to move my jugs and cut my trotlines


As far as im concerned, is he right here? In fishermans law i guess you could say hes wrong and you dont mess with another mans stuff, I put my noodle back out and rebaited it, Am i right here for saying something to him? I thought on lakes 5 feet on the shore was private property, What should i do next time he messes with our stuff? What should i do?

Give me some help

[Tony Monticelli]

smear dog poop all over the line

[GoTakeANap]

i live on a shared pond with 10 people who live on it. our property line goes from our yard to the middle of the pond and stops. then it butts up to the person that lives across the pond from me. you could always pull property lines and see but it wont do you any good with someone like that. if it was me i wouldnt touch anything in a pond if it wasent mine, but you know everyone isnt that way. at 1st i figured someones trolling motor might of got caught up in your troutline but after you asked him and he told you he did that blow that out of the question. just sounds like you got a butt on your hands.

[NoBassPro]

i live on a shared pond with 10 people who live on it. our property line goes from our yard to the middle of the pond and stops. then it butts up to the person that lives across the pond from me. you could always pull property lines and see but it wont do you any good with someone like that. if it was me i wouldnt touch anything in a pond if it wasent mine, but you know everyone isnt that way. at 1st i figured someones trolling motor might of got caught up in your troutline but after you asked him and he told you he did that blow that out of the question. just sounds like you got a butt on your hands.

Legally on inland lakes the property line always extends to the middle of the lake or pond so far as I know, whether or not it is drawn up that way.

[MCS]

Check out the deed or plats for the subdivision. There probably is some kind of language concerning shared use and maintenance of the pond. People are fools when it comes to "property" if they only realize it is just means to tax. The local government and HOA govern what an owner can and can't do. And there are all kinds of restrictions, agreements and easements that can be in effect. The reason the property lines go to lake centers is probably to address maintenance, not state as in the case of storm water ponds or HOA in case of a pond located within a common space. If you know a surveyor or perhaps civil engineer, or a lawyer versed in real estate law would be able to help.

[OkobojiEagle]

What should i do?

Don't leave unattended tackle in the pond.

oe

[NoBassPro]

The reason the property lines go to lake centers is probably to address maintenance, not state as in the case of storm water ponds or HOA in case of a pond located within a common space. If you know a surveyor or perhaps civil engineer, or a lawyer versed in real estate law would be able to help.

On most lakes the reason property lines go to the center of lakes is based on the old common law principles of riparian rights. Basically it gives the landowner the right to develop the waterfront and keep people from swimming in his backyard. While there can be easements and the like, it is doubtful they would give anyone the right to hang a trot line in another person's property.

[Long Mike]

If this pond is on private property, or abuts to private property you are probably trespassing. As suggested above, it would be well worth your while to check out the local ordinances for that particular pond.

[Stasher1]

i live on a shared pond with 10 people who live on it. our property line goes from our yard to the middle of the pond and stops. then it butts up to the person that lives across the pond from me. you could always pull property lines and see but it wont do you any good with someone like that. if it was me i wouldnt touch anything in a pond if it wasent mine, but you know everyone isnt that way. at 1st i figured someones trolling motor might of got caught up in your troutline but after you asked him and he told you he did that blow that out of the question. just sounds like you got a butt on your hands.

This^^^

If it's a private lake/pond with no public access, each plot bordering the lake will typically extend to the center of the lake. If the lake/pond is city/county/state owned, the plots bordering the lake will generally only run to the high-water mark.

We ran into this issue a few years ago on Lake Lanier. The lake actually belongs to the Army COE, and when the water level dropped, they put up several temporary fences to keep the rednecks from driving their trucks out onto the exposed lake bed. The folks with property on the lake were ticked, but their property only extended to the high-water mark, not the point the water receded to when the lake dropped 15+ feet.

In either case, don't leave your crap out in the middle of the lake. Personally, I can't stand noodles and jugs. If you want to fish, then sit in a boat and fish.

[MCS]

On most lakes the reason property lines go to the center of lakes is based on the old common law principles of riparian rights. Basically it gives the landowner the right to develop the waterfront and keep people from swimming in his backyard. While there can be easements and the like, it is doubtful they would give anyone the right to hang a trot line in another person's property.

Never said it would be legal to hang trot lines. As they would be tied to land. However there are many places that have property to MHW or to Shoreline vague as it might be. I was suggesting to check the regs to see if the lake was shared as in giving him equal acess to fish the lake. Or they both could be wrong and have no right to fish the lake use a boat etc. But checking a deed or plat he will get answer to legal property right issues.

When we cut property lines it all has to do with lot size, zoning, maintenance and legalities of things like common/green space and storm water management ponds. Last thing on any surveyor or engineers mind is lake access, last thing on a developers mind is access, it is profit.

If there is a blue line stream involved it is most certainly involves the Corp. if there is a dam or control structure then it at least involves the state/county.

[Bluebasser86]

I'd be irked about someone running a line from one side of the pond to the other if I lived there too, effectively roping off part of the pond. Also are your lines properly marked? Here we have to have our names, address, and phone number on any type of set line. I understand you're trying to have fun but I'd make absolutely sure what you're doing isn't breaking any laws.

[NoBassPro]

Never said it would be legal to hang trot lines. As they would be tied to land. However there are many places that have property to MHW or to Shoreline vague as it might be. I was suggesting to check the regs to see if the lake was shared as in giving him equal acess to fish the lake. Or they both could be wrong and have no right to fish the lake use a boat etc. But checking a deed or plat he will get answer to legal property right issues.

When we cut property lines it all has to do with lot size, zoning, maintenance and legalities of things like common/green space and storm water management ponds. Last thing on any surveyor or engineers mind is lake access, last thing on a developers mind is access, it is profit.

If there is a blue line stream involved it is most certainly involves the Corp. if there is a dam or control structure then it at least involves the state/county.

Yea, you are a little confused on how riparian property works is all. Noone owns the surface of the water, people do own the land under the lake. It might be a private individual or it might be the government or some other entity, but it is all owned whether or not it states to the waters edge or similar things. Officially, even with an easement the property owner the easement runs through owns the bottomlands on the other side of the easement, at least in this state.

Even if he does have an easement allowing access, there are standards that apply, such as not interfering with the owners quiet enjoyment of his property.

[Surveyor]

Riparian rights vary from state to state. If the river is designated as a navigable river the riparian rights are defined by the feds.

Typically there is no typical as to where the actual property line is located. Most large lakes here in Ga and most of the SE were built by the TVA and the lakes, and the land under the water are owned by some governmental authority or by the power company. They vary as to the location of the property line, some are determined by an elevation, some by the average lake level others by other means.

I the OPs case though in any state if he has tied his trot line on a tree or anything that is on dry land he is almost definitely trespassing unless he owns that property.

In almost all states if the OP puts his boat in the water while on his dry land property, or has permission to do so, he is free to paddle, swim, wade anywhere on the lake, pond. If he steps foot on dry land on anyone else's property he is trespassing, no ifs, ands or buts anywhere

[hbird]

The trot line goes to the bottom of the lake, we put a brick in the middle so it would sink, us and this old man are pretty much the only people that use the lake. If he was a kind old man i think he would let it fly, now if he cuts our trot line that we put on my friends property, were gonna have a serious problem

[smalljaw67]

The trot line goes to the bottom of the lake, we put a brick in the middle so it would sink, us and this old man are pretty much the only people that use the lake. If he was a kind old man i think he would let it fly, now if he cuts our trot line that we put on my friends property, were gonna have a serious problem

Check you local laws like everyone is telling you, you can end up getting you friends parents sued. The 3' from each bank refers to a navigatable river or stream and it was meant to allow boats free passage through areas of private property in which a stream or river goes through. As for lakes and pond, well in he owns the rights then it matters not where you plave a jug or trot line, you are breaking the law, so check the laws. Judging from the way the guy acted and what he told you he probably knows how much he owns so be careful, it may just cost your friend his home if you push the issue and you're wrong.