Fishing on private property

My backyard ends at a small pond about 200ft from my back door. There's no public access- all sides of the pond are someone's backyard, but my backyard has the largest frontage and offers the best spot for fishing. It shouldn't matter, but I feel I should also mention that this is a working class neighborhood of $100K /1200 SF homes, no HOA- we are most definitely not among the 1%.

Anyway, we have many problems over the years with folks using it as a public park. Lots of trash (bait cups, line, hooks, busted coolers, cigarette & cigar butts, drink bottles) and lots of trespassers: usually one or two at a time, but some times entire extended families. I've had folks tearing boards off my dock and throwing them in the water, shooting at my ducks with pellet guns, wandering around my yard in the dark (11 PM!) and cussing at me.

I have "No Trespassing" signs posted every twenty five feet for all the good it does.

To get to the point (...and bless you for your patience if you've made it this far!) I'm tired of playing Border Patrol, and I'm thinking about putting up a sign along the lines of "Welcome...please fish, but please don't be an *******".

Thoughts, comments? What would you do?

...and even more importantly, if I don't actively discourage trespassers am I liable if little Johnny falls off my dock and drowns? If I talk to them and ask them to fish but be respectful does that constitute de facto permission for them to be on my property and make me accountable for their actions?

 

I agree...Dont do it. So, you dont OWN the pond, right? Let it be someone else's problem!! I know it is nerve racking to see trash. Maybe put up a please dont litter sign? How do you own a dock if it isn't your pond? Just confused here.Does the neighborhood own the pond? Just be careful, please. You can ask them not to sit on your land and make it harder for them. This is a hard one. I dont think I would put any sign that said welcome because you could be held liable. Its a tricky subject..I dont know the laws, just to make that clear also. We have a pond that we ride the 4 wheeler to (about 200 yards) also. Maybe the same place

CALL THE COPS ON THEM AT 11 PM !!!! Shooting the ducks, noooooo. get a video camera out and then call the cops..

 

I don't own the pond, but I do own the access to the pond, at least from my yard. My survey map shows that I own 14 ft out from the bank although the actual location of the bank varies with the water level. Other folks have said their property maps show their property extending into the pond until they abut the adjacent properties.

I'm not sure this is correct- if you have property on a lake or ocean your property doesn't extend to the theoretical center point of the water...I guess? Maybe that only applies to navigable water ways?

Either way, my neighbors and I do own the entire perimeter of the pond.

 

agreed

 

Thanks for the feedback!

I'm a little torn on this- folks wanna fish and I understand that, but I don't want to put my family's financial security (...such as it is these days!) at risk.

I'm going to schedule an appointment with my insurance agent to see if I can't figure out what my liability actually is.

Keep 'em coming!

 

You're alot nicer than I am. I would not be welcoming any strangers/trespassers into my yard to fish. They can go someplace else - to just walk through someone's yard, plop down, AND make a mess.... obnoxious.

I'd get a fence and a junkyard dog. Screw the sign.

 

I too live on a pond - with access to get to it being my personal proerty & my property perimeter going into the water.

We've put up a chain across from my yard to neighbors (with their blessing) as well as hung No Tresspassing/ Private Property signs. It worked pretty well except for this one dad who would bring his 6-8yrs old son & hop over the chain. (good dad setting a good example :banghead.

We will be in the near future be putting up a fence with a latch (locked) to avoid anyone going thru as we too have trash clean up duty. I have no problem per se with some people going thru to fish but as you stated, some leave trash galore. I rather have them come ask me can they go (some do) so I know who is back there.

I've been told that should lil Johnny or Janie go back there & get injured/drown, we can be held liable. I guess it is the same concept of having a swimming pool not fenced in and its on your property.

Just recently, we've had someone bold enough to even drive their truck back thru (starting out on our driveway) and unload their john-boat as if we're a boat ramp! (that is where the fence decision came in). We weren't even home then (just saw the tire tracks bedded in the grass) so permission was not asked/granted. Thankfully our neighbor didn't like it either (not a big wide entry way and their AC unit on that side) because I'm sure if the person would've hit neighbor's unit while backing or hit our garden fencing, they would not have left a note (our not being home) or came to us personally volunteering to pay for damages.

Do what you gotta do to protect your area and be able to relax about it.

 

As hateful as I am, I'd sit on the back porch and let some shots fly in the air. :twisted: That's just me though.

 

^^^ Sounds like me ^^^

 

First, I'd offer the advice to call your homeowner's insurance company and explain the situation to them and hear what they have to say about how you put yourself, family and home at risk of lawsuits and if you're not covered by homeowner's then its out of your own pocket.

Second, we have a similar situation with a neighbor in our subdivision. He has no problem going up to the kids and adults and explaining what his legal right is for people trespassing on his property to get to the pond. He is not one to fool around. Over the past year not 1 person has come onto his property to get to the neighbors pond to fish.

Third, when children from the subdivision knock on his door and ask for permission to go fishing in the pond he always gives them permission and thanks them for asking. And he reminds them to pick up after themselves when they leave and points to where his trash container is.

 

Personally I'd probably go with a 3 or 4 strand electric fence down both sides with a max height of about 36" for the highest strand all the way from the house to the water.

 

I'd definitely NOT put up a welcome sign to invite folks in... They'll just keep trashing your property, unfortunately... It's a shame that some people have to ruin it for everyone, though, since in the past you've been nice enough to let people fish there.

Bottom line- you have to protect your own liability first.

Also, this post makes me a "Senior Member." Woo hoo. Just putting that out there...lol.

 

I'm all for the electric fence. A little sting willstick with people who are blind and can't read your no trespass signs.

 

Listen to the squirrel...we have to run folks off my MIL's land all the time. She finally agreed to let a friend of ours hunt the land and he keeps folks off of it when we are not around most of the time. People who trespass suck. They have torn her land up, littered, and scared her half to death out there at night, as she is a widow. Protect your property and yourself from liability. If I lived there now, I would take harleygirl's advice and fire a few warning shots off. :evil: We have to do a sweep when we visit before we let our kids ride the golfcart or gocart. Some folks have no respect.

 

The sad thing is most folks mean no harm and are generally no problem, but there's always that % that can't act right. I hate to punish the majority for the acts of the minority.

Responses to previous posts, in no particular order:

I've had kids run their four-wheelers through my yard but no one's had the balls (so far) to drive their vehicle right down to the water.

I actually have an electric fence down there but it doesn't extend to the pond frontage and that may need to change. A good shot will certainly get your attention, but there's that liability monster again...

I'm not quite ready to break out the arsenal yet either -I'm armed, but not (...generally speaking) dangerous.

Unfortunately, like so many things these days, it'll probably come down to the lawyers and the insurance company.

Thanks all for the feedback...and the sanity check!

 

Fishing

I wonder if those people have fishing licenses. Maybe a call to the game warden is in order.

 

What about just making a call to the county sheriff and having them come out on a trespassing call. Once word gets around that someone is calling the county sheriff then maybe there'd be alot less activity coming through your property.

 

Gomer, I agree with the majority of posters. Do NOT out a sign up for liability reasons and I would def call your insurance agent if nothing more than to be able to document that I had done it in case of any "happenings" there. Good luck!

PS...My first instinct was to tell you to def grab your weapon, but we both know that is not feasible.

 

I can't believe the nerve of some people... driving down thru someone's yard and launching a boat? REALLY?

Up your signage, Gomer. Here are some ideas -



















And finally....

 

One more he should probably add -