Is it ok for someone to fish in our private pond without permission?

Question

When my Dad built his house there was a stream on the property. He flooded it and made it into a pond and stocked it with fish. We have lived her for 20 years and no one has ever been in the pond but us. Now the other day two guys in a canoe showed up right by our dock and said they could fish there because it is water and no one owns water. The land my father owns stops 1/2 way thru the pond. They said they own the other 1/2 of the pond. If this is so, thats cool, but why cant they stay on their own half then? We dont want anyone fishing right in our back yard. Wouldnt it be considered treaspassing? Does anyone know the rules regarding this or where I can find out? We live in NY State. Thanks.

Answer 1

Im not a legal eagle or anything but as far as I know..Your pond was built by flooding a creek right? You own the land underneath the water but you do not own the water because it is still part of the creek. if they were to actually step on the land, that would be tresspassing...Otherwise they are entitled to fish in whatever part of the creek they care to as long as they dont "STEP" on your property. Sorry but you're not gonna win that dispute.

Answer 2

oh WHa-a-a-a-a lol  the rules????

That's exactly what I would expect from a spoiled person.

Just frikking share.Nature owns the water, the fish and the bait,sista. you own the land. You are about to have a huge property rights fight...have fun with that or just wave and say hey  can you catch me a couple? Fish sounds good for supper!!! don't be a snot.ok ?? Then when they bring you the fish ask them if they want to go in haf-sies with you to stock next spring.Take care of this like friends.

Answer 3

**** that tell em to get off your side of the pond, you can''t tell them they can't fish unless the entire pond is on your property but still.

Yes it is considered trespassing if their on your side of the pond

Answer 4

It would depend on state law- you need to find out what it is, so you will know what you can do- chase them off, or let them fish- In my state of Louisiana, there was a law that passed and was challenged in court but the law stood as passed- the law states that the landowner owns the land and the water if his property extends out into the water- he will own out to the property line- and any one fishing on his property is trespassing-  Even along the banks of the Mississippi River and the banks of Toledo Bend this law is in effect- these waters on the major rivers and tributaries have been fished by every one since time began- now they are closed to the public- there has not been anyone prosecuted yet under this law, but it is just a matter of time.

Answer 5

http://www.dec.ny.gov/outdoor/fishing.ht...

I would contact a game warden thru the above website with the specifics about the land - does your father own the land surrounding the lake?

Get the information from the people who will be enforcing the particular laws - don't take it from a wanna be here....

Each state has different laws and this will either be a job for a NY state game warden or a civil matter (trespassing) or both.

Good luck...

Answer 6

call the dnr

Answer 7

In Oregon, where the Snake River forms the boundary with Idaho - either state can fish any of the water but not from the bank of the other state without a license from that state.

In Idaho (I've fished there a lot) I can go down any stream, regardless of who owns the property on either side and fish from the water. I can fish on private land below the high water mark  - as long as I get there by stream - and I can get out of the stream and walk around an obstruction without being guilty of trespassing.

I don't know New York law, but it is mostly based on common law, isn't it? So unless there has been some ridiculous 'land grab' like the guy from LA. mentioned - there's no reason to think that as long as your neighbors enter the water from their own or public land, and never step foot on your land, that they are doing anything wrong.

On the other hand, if your dad flooded their land w/o their permission that would be a form of hostile improvement - and if NY has a law like that, as many states do, and he built the pond over seven years ago and jumped through all of the water rights hoops - you may own the whole pond.

If there is no 'hostile improvement' law, they might be able to sue your dad for flooding their property!

Two things to do here... get a lawyer, or invite your neighbors over for a bbq and try to be friends.

Answer 8

I would imagine so because it is private property.Your dad actually made the pond,so i'm guessing that its not ok for them to fish there.If you don't know them and are not your neighbors then you might want to check into it.

Answer 9

Not only do most states consider the landowner as only owning the bottom of the body of water, but some states have laws prohibiting "harrassment" of people who are hunting and fishing. Might want to check with the state on both issues before confronting them again.