Basically one question two areas. What do you think about fishing at the following locations - legally speaking.
As long as there is a no fishing or similar sign of course.
Thoughts?
I will usually fish there once and if they have a problem with it they will let you know. You could call one of the businesses and just ask them directly. As for housing developments i usually stray away because must of them are off limits.
If there isn't a sign posted, I'm fishing it
ALWAYS get permission to fish on private property.
Not trying to hijack the thread, but there is a pond behind a local Walmart and I've heard of people fishing back there. Would this be considered trespassing?
On 8/28/2014 at 6:17 AM, Scott F said:ALWAYS get permission to fish on private property.
What Scott said. There are potential liability issues at work here.
On 8/28/2014 at 6:36 AM, alee17 said:Not trying to hijack the thread, but there is a pond behind a local Walmart and I've heard of people fishing back there. Would this be considered trespassing?
Its only trespassing if they don't want you fishing there... in other words, it never hurts to ask first.
Many states, I know certain counties in Virginia do, have a site that you can look up properties and who owns them. I have used ti a few times to find owners of lakes and ask for permission to fish. A lot of lakes you would think have an owner by the nearest house or business but that is not always the case and getting permission from one of the wrong people is not getting permission.
I am also nto a fan of the attitude that if it isn't posted to go fish it....i look at it in the way that if i had a lake i wouldn't expect to have to post signs everywhere just to prevent people from fishing and would like to believe people have more respect for other's property.
I agree that it doesn't hurt to ask. I have fished and hunted some great spots over the years because I politely asked the property owner for permission. Doing either without permission is illegal and many property owners have no reluctance to press charges. I don't blame them.
if it's a small personal property i'm def asking.
i'm more likely to have at it if it's commercial property that's not signed.
in general you're more likely to get a 'yes' by asking private home owner and more likely to get a 'no' by asking commercial property owner b/c of the liability mentioned.
Always ask first. Some places have no problem with people fishing their ponds, but they like to keep track of who is going in and out in case something is vandalized or stolen. If someone fishes and doesn't get permission they may put an end to anyone using it though. The thought that "If there's no signs, then it's okay," is ridiculous. Do you post Keep Out signs in your backyard? No?? Then it's okay for someone to walk through your yard by that train of thought right? Just because there's no signs doesn't make it okay.
Let me just re-ask my question as I haven't really received the answer I was looking for (I'm sure my wording was awful).
Who owns it (the pond) - the company/person who owns the land?
This is the part I am most interested in knowing. Does the homeowners association own the pond now or is it the builder who developed the land? The state?
I fish on 2 private ponds and got permission before hand and have gotten turned down plenty - but in this case I don't know who (or is it whom) to ask.
Thanks!
As flyfisher mentioned, you will have to do your homework to find the owner. Homeowners Associations in housing developments are usually the owners of "common" property. In industrial developments that can be a little less clear. Go to the courthouse and ask to see the public records or ask around at the surrounding businesses. The public records will probably give you a better chance of getting in touch with someone with the authority to allow you access. Good luck.
If it a private persons property, I would always ask permission first. Example, a farmers pond, or on a fenced in compound. If it is company property without a fence, or a without a NO Fishing Sign, I would just fish it, leave it cleaner then when I first came, and ask forgiveness if someone is upset.
In my area of south Florida we have an abundance of common areas full of lakes developers made to provide fill for their development. These areas are open to the public for recreational purposes. Jogging, bike riding, horse trails, and fishing. I always try to leave the area cleaner then when I came. These are an overlooked resource for quality fish.
To find out about the industrial pond call Bob Smith at 410-111-00005.
To find out about the residential pond call Rita Jennings at 410-555-12121
If the building is in an industrial park more than likely the business owners are leasing space, there will be an owner and probably a management company handling their affairs. To find out who owns property, go the the county appaiser's web site, each parcel will have owners name and other information.
As far as being able to fish it, that's pot luck. Some will mind other's won't, but not only do these companies lease space they also lease their parking lot as well.
On 8/28/2014 at 6:24 PM, Dypsis said:Let me just re-ask my question as I haven't really received the answer I was looking for (I'm sure my wording was awful).
Who owns it (the pond) - the company/person who owns the land?
This is the part I am most interested in knowing. Does the homeowners association own the pond now or is it the builder who developed the land? The state?
Thanks!
How would anybody here know who owns the pond? You have to go up and ask someone at the location.
On 8/29/2014 at 1:14 AM, Scott F said:How would anybody here know who owns the pond? You have to go up and ask someone at the location.
Clearly no one here knows the exact answer.
Sorry for my ignorance but I was merely asking in peoples experiences who seems to own the pond/land. I was just trying to find out where to start. flyfisher & SirSnookalot seems to have given the best answer as there is no clear one - it just depends and every situation is different. I will just start asking and searching and see where it leads.
Most states require actual private property to be posted in order for someone to be charged with trespassing. In my state of Colorado however, they expect you to be psychic and "know" whether a place is private or not. Then again I live in a very screwed up state.
On 8/28/2014 at 10:31 PM, ClackerBuzz said:To find out about the industrial pond call Bob Smith at 410-111-00005.
To find out about the residential pond call Rita Jennings at 410-555-12121
I tried both these numbers but they were out of service - can you see if you have an updated number?
lol
i think it was a joke bro....look at the number of digits
This is terrible advice, but I have found it much easier to ask for forgiveness instead of permission. Most people will ask you to leave, and as long as you're not a jerk no legal ramifications will come your way. Fish at your own risk though! Haha. Sometimes the temptation of finding a sweet honey hole is too strong man.. Lol
On 8/29/2014 at 2:38 AM, iceintheveins said:Most states require actual private property to be posted in order for someone to be charged with trespassing. In my state of Colorado however, they expect you to be psychic and "know" whether a place is private or not. Then again I live in a very screwed up state.
I would argue that if its not yours and you don't know it's public, you should assume it's private. Don't see what's screwed up about that at all.
Being charged with trespassing isn't the issue but not respecting and using other's people property without permission is...assume private is my intent. with the advent of this thing called the internet there really is no excuse to not being able to find out the owner of a property. Zillow can even be a help as it usually has outlines of property boundaries.
On 8/29/2014 at 7:57 AM, Gabriel052 said:This is terrible advice, but I have found it much easier to ask for forgiveness instead of permission. Most people will ask you to leave, and as long as you're not a jerk no legal ramifications will come your way. Fish at your own risk though! Haha. Sometimes the temptation of finding a sweet honey hole is too strong man.. Lol
Gabriel I do agree with one thing in your post: "This is terrible advise." You may be be joking or just trolling, either way this attitude and behavior costs honest fishermen. After being asked for forgiveness a time or two land owners often have little trust of sportsmen in general. It is easier to just say no. Some folks feel very strongly about their "sweet honey holes" and the law might be the least of your worries. FWIW I don't find find any part of your post funny.
On 8/29/2014 at 10:13 AM, K_Mac said:Gabriel I do agree with one thing in your post: "This is terrible advise." You may be be joking or just trolling, either way this attitude and behavior costs honest fishermen. After being asked for forgiveness a time or two land owners often have little trust of sportsmen in general. It is easier to just say no. Some folks feel very strongly about their "sweet honey holes" and the law might be the least of your worries. FWIW I don't find find any part of your post funny.
Nope, not trolling at all. I respect private property. If there is a no fishing sign or no trespassing sign, then no one should be fishing at that particular spot. Unless permission has been obtained. In this particular case, we are speaking of an industrial building where permission to fish would be difficult to achieve because finding the land owner is d**n near impossible. All I am saying is, proceed with caution, and if you are asked to leave, apologize, then leave and do not return. IMO, this does not create a dishonest fishermen. FWIW, lighten up..
410-555-5432, ask for Irene.
Make sure to tell her thanks and good night.
On 8/29/2014 at 2:38 AM, iceintheveins said:Most states require actual private property to be posted in order for someone to be charged with trespassing. In my state of Colorado however, they expect you to be psychic and "know" whether a place is private or not. Then again I live in a very screwed up state.
Totally untrue ! How many people put private property signs on their front lawn, in many communities the HOA would have it removed as it doesn't conform.
All property is owned, whether it's government, private party or a corporation, it's all public record and easily obtained.
As far as an industrial park goes chances are you won't get to talk to the property manager, someone fishing is a pretty trivial matter to them and probably wouldn't call back. If they did it you probably get a no because liability issues. IMO if one fishes an industrial area where you are not interfering with business or parking no one is going to say anything, if they do just leave when asked.
On 8/29/2014 at 7:31 AM, flyfisher said:lol
i think it was a joke bro....look at the number of digits
Yes, I realize that - my sarcasm did't come through the internet - weird...
On 8/29/2014 at 10:35 AM, Gabriel052 said:Nope, not trolling at all. I respect private property. If there is a no fishing sign or no trespassing sign, then no one should be fishing at that particular spot. Unless permission has been obtained. In this particular case, we are speaking of an industrial building where permission to fish would be difficult to achieve because finding the land owner is d**n near impossible. All I am saying is, proceed with caution, and if you are asked to leave, apologize, then leave and do not return. IMO, this does not create a dishonest fishermen. FWIW, lighten up..
if you don't take the time to find out if a lake that is not listed as public on whatever fisheries department is in your state then you are knowingly fishing private water without permission and it is in no way respecting private property. Pretty cut and dry. Most if not all states have all public waters listed on the fisheries websites.
also I might would find out if it is a septic lagoon, before eating any fish from it. I have a friend that would get fish from this "pond" and eat them. After 2 years of this he found out it was a septic lagoon. He is still alive, but gross.
On 8/29/2014 at 8:23 PM, flyfisher said:if you don't take the time to find out if a lake that is not listed as public on whatever fisheries department is in your state then you are knowingly fishing private water without permission and it is in no way respecting private property. Pretty cut and dry. Most if not all states have all public waters listed on see the fisheries websites.
OK man, I respect your opinion. As for the original post and question, please obviously people here have different views and no one really knows. Do what you think is right.
My humble opinion is that when a person fishes on private property without permission, they are making it quite difficult for the next person to get permission when they ask. I understand the temptation of the honey hole but put yourself in the shoes of the land owner. It's easier to just say no after you have to go out and ask people to stop fishing time and again.
Where I live we have excellent duck hunting but in recent years it's become difficult to get access to private posted land because of folks who have hunted the land without permission. Yes, I know it's posted but people have removed signs and hunted anyway. In North Dakota you can hunt land that isn't posted but most of us ask permission anyway. We are going to be on someone's property shooting shotguns so we usually ask just to be sure.
All in all, I think it's best to air on the side of respect and caution. It's just fishing for goodness sake.
Residential properties, I stay out of unless I was invited. Industrial parks I treat differently. If there are signs posted for no trespassing or no fishing I am out of there. Some buildings have private security and other's do not. I usually drive up to the security guards and kindly ask them. I also pick the weekends to go to industrial parks because they are basically ghost towns during the weekend, so you will not be interfering with parking. The only people you will encounter more often than not is the police during their routine patrols. I have yet to be asked to leave when they see me.
On 8/30/2014 at 3:37 AM, BassinLou said:Residential properties, I stay out of unless I was invited. Industrial parks I treat differently. If there are signs posted for no trespassing or no fishing I am out of there. Some buildings have private security and other's do not. I usually drive up to the security guards and kindly ask them. I also pick the weekends to go to industrial parks because they are basically ghost towns during the weekend, so you will not be interfering with parking. The only people you will encounter more often than not is the police during their routine patrols. I have yet to be asked to leave when they see me.
I pretty much agree with this, although I have had the police ask me to leave a few times, they were just doing their job. As a rule I don't trespass, being obsessed with peacocks this summer I went to a place that I was told held some good fish. First off there was a number of no trespass signs which indicated to me they were serious about this. I fished anyway and on about 4 th cast I land a good 4 pounder. At that point I decided getting hassled over a 4 or 5 pound fish wasn't worth it to me, I haven't been back there.
Picture this, about 35 years ago 1979 or 1980, I was out cruising on a country road a few miles from where I live. I pull up in front of a house, jump out of my truck and start running up toward the house. Out the door an older lady comes running off the porch and down the walkway screaming and cussing at me. Maam, Maam,...GET OFF MY PROPERTY! Maam I just wanted to...., I KNOW WHAT YOU WANT AND THE ANSWER IS NO!!!... YOU ARE NOT FISHING MY POND! Maam I don't want to fish your pond. THEN WHAT DO YOU WANT! Maam, I just stopped to tell you that the shed in back of your house is on fire.
Have a nice day #@*$$.
Hootie
On 9/2/2014 at 2:20 AM, *Hootie said:Picture this, about 35 years ago 1979 or 1980, I was out cruising on a country road a few miles from where I live. I pull up in front of a house, jump out of my truck and start running up toward the house. Out the door an older lady comes running off the porch and down the walkway screaming and cussing at me. Maam, Maam,...GET OFF MY PROPERTY! Maam I just wanted to...., I KNOW WHAT YOU WANT AND THE ANSWER IS NO!!!... YOU ARE NOT FISHING MY POND! Maam I don't want to fish your pond. THEN WHAT DO YOU WANT! Maam, I just stopped to tell you that the shed in back of your house is on fire.
Have a nice day #@*$$.
Hootie
HA!
In 1986, a friend told me about a small lake he "found" in an undeveloped part of our county. He said it was used as a feeder lake to a local development lake, i.e., water was taken out of it as needed to keep the development lake at a consistent level. It was about a mile hike from the nearest road to get it & there were no private property or no trespassing signs.
The fishing was unbelievable, at least until the Sheriffs helicopter buzzed us and the patrol car crested the hill next to the dam. Turns out that this fishing hole was not such a secret & the developer had asked the sheriffs department to keep folks like us out. They ended up writing us a trespassing citation.
Believing I was Perry Mason, I went about putting a case together proving my innocence. I returned to the lake with a camera, taking pictures of the hike in to illustrate the lack of no trespassing or private property signs. Halfway there I was met by a truck driven by a "rent-a-cop", for the developer had beefed up security by hiring a firm to watch the area. I explain what I was doing to the rent-a-cop, he gives me the okay to continue taking pictures, but says that I will have to ride in the vehicle with him for insurance reasons. Once we get up to the dam, he stops the truck, radios in to his office (this was before cell phones) & has the sheriff come out to arrest me. I get cuffed, taken in for booking & released hours later on my own recognizance. Good news was when I later appeared in court, the judge dismissed all charges & fines because I had a valid state fishing license & showed that there was no signage.
So my point of view is it doesn't matter whether you ask for permission or hope for forgiveness, either way you are going to get in trouble
In the area that I live, the builder was the owner of the land until they finish - completed the construction and after that was pass to the community and managed by the " hoa" it may be the same in you area.
I live in a small subdivision and our lake is owned by the homeowners association. There is a way to sneak a boat in without technically trespassing, but we own the lake and lake bottom so it is tresspassing. We don't have a way to enforce this, though, since the police don't want to deal with it . I just don't worry about it, but I was headed to the lake and I saw a vehicle parked in the spot I mentioned. I had been fishing a little while and a guy standing up in a canoe, no shirt on, with two women in the seats, passes me, smoking a cigarette and casting away. I didn't recognize him, but I said hi anyway. He didn't say a word, kept on fishing. On my way back through the same area, I found an empty cigarette pack, a few beer cans floating, a worm container and some other garbage, right where that guy had been in the canoe. First time I have ever seen garbage in our lake. Next time I see that vehicle, he may have to find a way to get air in his tires before he can drive out.
I fish a drainage pond in a industrial complex/mall. The bass fishing is awesome and no one threw me out yet. Of course I'm no little guy and can look intimidating to some but I'm a nice guy most of the time.
I was thrown out of a spot that's legal to fish from the road. I checked with the local forest ranger and I'm right but they won't fight for it.
I hate playing the disabled card but we're losing more and more decent places to fish for guys and gals who are worse off than me. We have no wheel chair access for fisherman. I'm ready to pursue it legally soon.
My older brother was the man. He got thrown off the private land while fishing a river. He put his waders on and went up stream where it was legal to fish and waded down stream in the water to that spot were the trout were and fished. They don't own the water they own the land.
On 8/29/2014 at 3:10 PM, SirSnookalot said:Totally untrue ! How many people put private property signs on their front lawn, in many communities the HOA would have it removed as it doesn't conform.
All property is owned, whether it's government, private party or a corporation, it's all public record and easily obtained.
As far as an industrial park goes chances are you won't get to talk to the property manager, someone fishing is a pretty trivial matter to them and probably wouldn't call back. If they did it you probably get a no because liability issues. IMO if one fishes an industrial area where you are not interfering with business or parking no one is going to say anything, if they do just leave when asked.
This really is the truth on a place like that ^^
Keep to your self don't be some kind of eyesore and don' t leave a mess. Chances are no one really cares and if they did say something don't make a deal out of it and be polite and just leave. Ya it is "illegal" being as its private property but all property is private property i suppose in a sense. No one is going to call the police and try to outright get you arrested for being there. I suppose it could happen but you have a better chance of catching a DD out of there.
I have fished many places like this and its usually a non issue and most people could care less. I know I should not encourage it but that is your best bet. I would not make a habit of fishing it 5x a week though.
On 8/28/2014 at 1:35 PM, Bluebasser86 said:Always ask first. Some places have no problem with people fishing their ponds, but they like to keep track of who is going in and out in case something is vandalized or stolen. If someone fishes and doesn't get permission they may put an end to anyone using it though. The thought that "If there's no signs, then it's okay," is ridiculous. Do you post Keep Out signs in your backyard? No?? Then it's okay for someone to walk through your yard by that train of thought right? Just because there's no signs doesn't make it okay.
Seems we've had this happen before around our area..........
I have a secret area just like the one you are saying. I never asked permission to fish it because yes it is on the company's property but the pond was made when they widened the highway in front of the building. I catch most of my biggest fish out there. I have became friends with the President of the company that the pond sits on. He told me that although he owns the land the state owns the pond from making the highway and that he didn't even know there were fish in it. No he has became my fishing buddy out there and we r the only two who has ever fished the pond. I also fish ponds, like you said, that are made from construction. I never asked for permission to fish these ever (UNLESS there is a no fishing sign).
On 9/10/2014 at 12:37 AM, cbass12 said:Seems we've had this happen before around our area..........
Yeah, and it really SUCKS!!! Without a doubt the best pond in the area and now nobody gets to fish it because of some knuckleheads.