"You're on Private Property"

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BERRRG

Well-Known Member
Joined
Apr 26, 2015
Messages
350
Location
London
Hey guys,

I was doing some "legwork" today and trying to discover some new fishing spots for trout. I found where a road crossed a creek on Google Maps and decided I was going to try it out. The road was a dirt road in the middle of farm country and I found the bridge, pulled off to the side of the road on the grass shoulder just before the bridge and geared up. I walked down the bank right next to the bridge, so close to the bridge that I was leaning on the concrete for support on the way down the bank. I worked my way down stream and noticed on one side of the river was clearly someone's well-kept property and I was basically fishing in their back yard. Their dog came down and started losing its mind barking at me and came to within about 25 feet of me but wouldn't enter the water. While I was standing in the river deciding what to do, after a few minutes the property owner came down to see what all the commotion was about.

Now, to my knowledge, a creek or river is not private property. This is what I've been told by many fishermen but never by any official. The property owner basically told me to screw off and that I was "on private property". I said "the river is private property?" and he made a motion and walked toward his house. I don't know if he was giving up or going to call the police or what. I didn't want a confrontation and the guy's dog was still mere feet from me barking. The dog wasn't too scary looking and had it attacked me I made up my mind a swift kick to its face with my wading boot would probably keep me safe (although then I would have probably had another more serious problem on my hands). The real problem was the guy's dog was running up and down the bank through the water scaring off all the fish, and I decided to pack up and leave this creek.

It ended up I was fishing the wrong body of water. I was trying to locate a larger, more popular river but had mistaken this creek for it. Anyway, which body of water it was probably doesn't matter. Was it wrong or illegal to be in the creek like this? The creek was about 50ft wide and I didn't feel I was really on anyone's property. I entered the creek on public property at the bridge, parked my car in between the road and the power lines (so as not to be on anyone's property) and got to the spot where the confrontation was through the creek and only through the creek.

I'm sure many have had this type of confrontation before. Who's in the wrong? Is it right to keep fishing or best to pack up and leave? If the guy's dog were to have come after me, what would the lawful outcome be?

I'd love to hear any stories about these types of confrontations from other people as well.

Thanks!
 
Its difficult to be in a confrontation when its your word against his. We're not lawyers and for all you know there could be local bylaw or something. Their justification is often that they own both sides of the river and therefore can control the access.

I carry loaded LCBO cards for this purpose just in case if he is right to help him change his mind. Doesn't always work but at least you're not empty handed at the party.
 
you will not win...best to leave the area..and be careful. some creeks are sanctuaries and you're not allowed to fish...
 
Just be very courteous to the land owner, especially if its an honest mistake, just apologize, explain your situation, ie, first time there, and looking for x water body, and ask if you had missed a sign that indicated you were trespassing, useless confrontations with land owners are just that, useless.
 
This has been discussed many times on the forum.
Most navigateable watersheds are fair game as long as you are in the water and not on shore.
But, many older property titles included the streambed so you would have to do research.

Alfie.
 

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