Went fishing tonight at one of the the condos and started catching some big redfish. About 20 minutes after we were there a resident came down and told us to leave. We ignored him, so he became verbally abusive. He even called the cops. He stated we could not pull the boat into their basin and fish because they own the water. I live on the water and I know that we own 30 feet into the water, but we can not tell people they can't fish there unless they are tying up to our dock or casting their lines onto my boat. We were being very respectful and weren't hurting anybody or anything, minus the fish.
Here in Michigan, there are several classifications for waterways. They may be different in Florida.
If you are on a parcel of land that is a private development (including condos and apartments), and the development completely encompasses a body of water, that is private property that is restricted to use according to the restrictions of the property owner or the condo association.
On lakes that have ownership surrounded by individually owned properties, ownership extends to or into the water depending on the deed. If there is a publicly accessible boat launch or road end it is open for use but you may not pull up on shore. If you must cross private property to access the water, it is trespassing.
If you are on a stream that is not listed as a "navigable waterway", that is one that you could not boat down (though the definition of "boat" is not clear) you are trespassing unless you are on state land (such as road right-of-ways).
If the stream is a "navigable waterway" it will be listed on a state list of navigable waterways and you can travel on the waterway or stand on the stream bed but not on the banks if they are not state owned land or otherwise open to the public.
Vikki 1969 Goldenrod Yellow / black 400 convertible numbers matching
Post on one of the fishing forums that you caught big fish and the exact location. By tomorrow night you should have your answer.
I could do that, but then I'd lose my spot.
My new approach is to get a 50 watt bull horn from Harbor Freight and go back. When he starts yelling I will turn on the siren and point it at him until he shuts up. This will also aid me in getting my voice over his without having to yell. After asking around a couple places I've come to the conclusion that if he really was going to call the cops that he would have done that first instead of getting upset and in return being called various names and being told to take another viagra and have a stroke.
I was always told no one person can own water. The land under a stream or lake can be owned. Now if you have to cross private property to get on water you are trespassing. If you are on the water and have no other way to get off water than crossing private land you are trespassing. But that law can vary state to state. But that was for boat laws.
Simplest answer if fish from the boat in the water and cast towards land. Avoid running aground on that shore area and you shouldn't have any problems. If the condo person wants to come out into the water to try and get you to move, tell him you'd be happy to call the police and coast guard about the water access regulations. Laws vary state to state, but typically you have the right to fish the waters from the water side provided you arent on a private pond or lake and the only access is via ingress/egress over private property.
I put in a call to the FWC (Florida Fish and Wildlife Conservation), basically Florida's game warden, and asked them. Turns out they do have an agreement with the state that nobody can enter their marina or fish within 50 feet of their docks. They are the only condos in the county with that agreement.
My answer to that is how much is a trespassing ticket? What ever it is, I'm sure it's worth it if that's what it takes to catch nice fish.
I can tell you that the STATE OWNS ALL SOLVERIGN (SP) LANDS IN THE STATE OF FLORIDA. (Submerge lands) I work for the FDOT and when we have to cross a creek, stream, bay, river...etc. we have to apply for a lease from the TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND (T.I.I.T.F.) basically the DEP, weather or not if we already have an easement Bridge or culvert etc. TIITF owns Solv. lands. You may have an easement (like a dock or boat landing, slips. Your property maybe platted to the center of the lake, creek, river, bay but you don't own it. Other than very specific instances tell him to get bent!!!!
I'd rather see a rust bucket on the road, than a garage queen anytime!!
wow, this is more serious than my initial curt reply
1) navigating a waterway is typically measured by a canoe..
2) though you may legally be afforded "public access" to private property, that doesn't automatically grant you a right to reap it's resources while there, therein lies the the rub
3) lake people are usually pretty easy going, obviously he is threatened by the fact you own a Firebird.
so I recommend to try a bit of kindness and submission first, apologize you meant no harm, tell him you understand his position (don't say he is right until you know for sure and surrender that too if true and it's over), tell him what a beautiful property he has and how you would be proud to own it, talk about him and what he has done....
he is proud of his digs and wants to share it with friends, not fight with enemies, I bet you will find out both of you are good people and just have a difference of opinion that can be easily ironed out if you are willing to try.
and if that doesn't work, send lawyers, guns and money, maybe even hire a hit man to off that sob?
so I recommend to try a bit of kindness and submission first, apologize you meant no harm, tell him you understand his position (don't say he is right until you know for sure and surrender that too if true and it's over), tell him what a beautiful property he has and how you would be proud to own it, talk about him and what he has done....
he is proud of his digs and wants to share it with friends, not fight with enemies, I bet you will find out both of you are good people and just have a difference of opinion that can be easily ironed out if you are willing to try.
and if that doesn't work, send lawyers, guns and money, maybe even hire a hit man to off that sob?
I was about to say WTF!!! what kinda BS talk is that.... until I saw the last line
I'm telling ya... just post the hot spot on a local fishing forum and he'll be overrun with boats in no time. He'll have an aneurism with all the traffic and you can go back to your fishing.
This is what you do. Wait for the next storm or hurricane to roll through. Go to your SPOT with a electric crank . Kill everything within 200 miles of his property and take what you want leave the rest to rott on his property.
