A trout stream was recently posted as private property. Is it legal to still fish it if I stay in the water and never leave the stream or walk on the land? I asked for permission but was denied. Just wondering.........
Trout Fishing
is it legal?
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I was mainly replying to your question "why fish where you're not wanted?" I'm not saying walk the bank, trespass, or break the law. But if I put in at a bridge crossing and stay in water, angry landowners can pound sand. I get respecting land owners rights, but if they're angry you're legally fishing with feet wet that is the issue. It's obvious based on that question you don't want people there period. I get that, but you don't own the water. And the best fishing can be had fishing these areas. Plus it's an adventure and much more fun.
Nobody owns the water. Regardless if they own both sides of creek. Keep you feet wet (unless there is an unpassable barrier, then you can take path of least resistance) and tell them to pound sand. If they keep harassing you there are laws against that. And Credance people like me try to fish private areas because the fishing is better if you're willing to put the work in. I know you don't like people fishing the stream that runs through your land but that is what happens when you own that type of property. Why fish it? Because it's fished less. More and bigger fish. Less people. Unless a landowner that thinks they own the water start harassing me. In the driftless people are used to this so I've never dealt with it, but if I did I wouldn't be happy.
Depends where you live, laws vary from state to state, and they also depend when the property was originally sold and what the terms of the survey were at that time. There is no hard-and-fast rule, it's all over the map.
If the owner has both sides of the creek, you might be out of luck since they could own the actual streambed you're standing on, so you would be trespassing whether you're in the water or not.
The only way to know for sure is go to the county office and look up the address, they should be able to tell you where the property line ends.
We had this where we fish, Person walked onto private property from a public land access all legal Then he hiked to the fishing spots Not legal you must be in water You can not fish unless you are in water no off the bank stuff You may exit water to go around any obstacles such as trees or deep holes but you have to return immediately to the water. Sandy and muddy creeks tell you what you have to know if some one is walking the bank. Contact area police They will tell you take a picture or a video and they will ticket for trespassing. Real question is why fish where you are not wanted. I look at public ,and and see litter stretched fences and broken tree limbs leave a spot better than when you fished Try arguing with a land owner that will never work
HockeyGuy39, Your comment is inaccurate. The Wisconsin Supreme Court has consistently held going back to the 1800s that, "Members of the public may use any exposed shore area of a stream without the permission of the riparian (i.e., landowner) only if it is necessary to exit the body of water to bypass an obstruction." There is a long history in the law and many cases on the topic. They make for interesting reading and a number of "what if" scenarios even for non-attorneys. Owners of the adjacent land own to the center-line of the stream but that right is subject to the State's Public Trust which allows fisherman to wade in the stream AND to exit the stream to bypass an obstruction.
While you can stay wet and be legal, it would not shock me one bit if you had to climb out of the water to safely pass an obstruction. Then you're no longer legal unfortunately. This is also assuming you're accessing the property via the stream from public access to the water or private land you DO have permission to be on.
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