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#21 FrequentFlyer

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Posted 13 June 2013 - 12:29 PM

Unless you know the river is considered navigable. Alot of people like to put no trespassing signs where they arent supposed to which I have no patience for. And if their sign is in the right place then ofcourse you cant walk on their property but if you access the river at a bridge then you can walk right past their no trespassing sign as long as you stay in the river.

 

 

therefore putting yourself into a potentially volatile situation, not to mention, landowner calls police, says you're trespassing, police see the sign, you get charged

 

best to respect the landowner, and ask permission, a little respect goes a long way


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#22 NADO

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Posted 13 June 2013 - 12:56 PM

Landowners take advantage of that type of attitude. A friend of mine who is a member here went through an issue with a land owner who thought he owned the land right up to the bridge and called the cops on him when he used the bridge for access. The responding officer showed up and was going to charge him as he didnt know the law around city owned property on either side of the bridge. They ended up bringing in senior officers who cleared up the issue and no charges were laid and he was free to fish.

 

I cant let land owners strong arm me out of fishing spots because they are misinformed or they simply dont like fishermen there so they lie. I am willing to go through the necessary steps in the event police show up, many arent willing to risk it so if its out of you comfort zone then the easiest thing to do is stick to public spots.


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#23 Hucho Hucho

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Posted 13 June 2013 - 01:01 PM

I did my research I'm going on upper Credit river and i will try  to stay on public property but if i wonder in private and somebody complains i will apologize and get out of it. Simple as that, f... it ,that is all i can do. And I'm going to do it. My fly rod has been dry for so long and it is talking to me in my sleep.


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#24 NADO

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Posted 13 June 2013 - 01:02 PM

one of the most importand pieces of knowledge to know when fishing around private property is that the city will own land on either side of the bridge, I cant remember how far exactly but if you walk along side the bridge you can fish under the bridge or wade out into the river if the river is classified as navigable(this accounts for 99.9% of situations that dont include extremely rare deeds that date back centuries). If there is a no trespassing sign beside a bridge it means nothing so either walk past it or even report it to police as I assume it is against the law to post no tresspassing signs on public property.


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#25 Hucho Hucho

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Posted 13 June 2013 - 01:23 PM

Thanks NADO and rest of you guys. I think i will be OK longest you respect people and you are nice to them they will even let you fish on their land. Friend of mine just told me that he asked couple land owners on Credit river if he can fish and get to the river from their property and they told him that there is no problem. So if weather and water conditions are right this weekend we are going.


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#26 NADO

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Posted 13 June 2013 - 02:14 PM

I wouldnt be surprised if the upper credit wasnt considered navigable so up there you are definitely best to ask first.


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#27 Knuguy

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Posted 13 June 2013 - 06:11 PM

Even if the river is non-navigable the landowner does not necessarily own the riverbed. It's quite unusual, as I understand it, for a landowner to own the riverbed.


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#28 FrequentFlyer

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Posted 13 June 2013 - 06:28 PM

PRIVATE PROPERTY

 

Question Re: Accessing fishing opportunities
Most of the land around where I live is private property. Can I cross private property to get to a stream, river or lake?

 

Answer:
This is a complex area but the most important idea to keep in mind is that the relationship between landowners and the recreational public is very important and must be kept positive and respectful.

 

In this discussion we will use the term occupier because it describes both the land owner and others who may have legal occupation of the land and the authority to control some or all access.

 

When it comes to crossing private lands to access fishing opportunities the property occupier has the first and last word about who can enter the property. It is up to the occupier to allow or restrict entry onto their property or to allow or restrict the activities that occur on that property.

 

Entry
In general terms anyone may enter onto private property to do anything which is lawful without occupier permission unless the entrant has been given notice that entry is prohibited. So, a privately owned bush lot is available to the general public until the occupier notifies people otherwise. The occupier has a number of options when it comes to letting people know that entry is prohibited or that activities are restricted.

 

Notice - Signs
The most common method used by occupiers to restrict access is by posting signs. The message on the signs can be written or a picture representation of the activity which is prohibited. If a sign prohibits one activity specifically then all others are permitted. For example, if hunting is specifically prohibited then hiking or fishing is permitted.

 

Notice - Coloured Marking
Another common method of notice is coloured markings. You will often see red or yellow dots painted on trees or fence posts on a property boundary. A red coloured marker indicates that the occupier is restricting all access; entry is prohibited. A yellow coloured marker indicates that entry is permitted but that there are conditions on the activities that are allowed. Perhaps all-terrain vehicles are restricted while bicycles are allowed. It is now up to the entrant to locate the occupier and determine what the conditions of entry are.

 

Notice - Oral or Written
Entrants may be simply told by the occupier that they cannot enter onto the property or that a particular activity is prohibited. Sometimes the occupier may put the notice in writing to establish a record of his or her wishes.

 

Notice - Other Forms
There is a long list of other things which are forms of notice and must be considered the occupiers intention to restrict entry on property. This list includes:

  • Maintained fences and gates;
  • Land under cultivation;
  • Orchards;
  • Planted trees under 2 metres in height; and
  • Established lawns and gardens

 

When it comes to signs, coloured markings and fences (gates) the occupier is only required to place them at the normal access point to the property. Generally that will be a laneway, private roadway or trail. There might only be one sign prohibiting entry on a very large, undeveloped woodlot for example. It is the responsibility of the entrant to determine whether or not the occupier intends to restrict access to the property and where the property boundaries are; the occupier is not responsible for marking the entire property boundary.

 

And finally, even if a property is posted the occupier still has the choice to allow entry or to allow a prohibited activity to occur. What this means is that the occupier can fish on a property posted to prohibit fishing and the occupier can permit others to enter the property to fish as well.

 

Remember to ask; always be courteous and respectful.

 

 

 

*this was taken from http://www.mnr.gov.o...7.html#property


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#29 FrequentFlyer

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Posted 13 June 2013 - 07:18 PM

this has been discussed last year

 

http://www.ontariofi...river-sections/


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#30 DILLIGAF?!

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Posted 13 June 2013 - 10:33 PM

It's not necessarily disrespectful just because you wade on the body of water. You use public access to reach the waters. I've waded on water without problem from landowners (or maybe i'm just lucky). where land has sign of "no trespassing" and yes I used the access from a bridge. Can't landowners put a "no trespassing" sign or "private property" in the water if they really own it? Would I ask for trouble if landowners show discomfort of me being there? There are plenty of fishable waters in Ontario to even bother doing that.


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#31 FrequentFlyer

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Posted 13 June 2013 - 11:34 PM

sure its disrespectful, the landowner posted it because they don't want people there, and most times i think its due to the reputation that fisherman will fill the shoreline with garbage, i know not every fisherman does this, but you know as well as i do, that it does happen in almost every public spot


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