Bob asked in SportsOutdoor RecreationFishing · 1 month ago

What are the laws in regards to private ponds and private property?

Today I went fishing in a pond right behind my house. It is within less than 50 feet of my house. There are condos on the other side of the pond that were built around 2008, and I was born in 1999 and have lived here my entire life. I have been fishing this pond since I was four, it is literally where I learned how to fish. Today, a man walked up to me and asked me to leave the pond because it is private property. I respectfully apologized and left immediately. While this pond is very close to my house, the condos on the other side are in a different neighborhood entirely. The man pointed out that there are a few ponds in my neighborhood to fish and that I should have no business fishing there (despite it literally being the closest pond to my house; literally in my backyard) The thing is, the house that is directly across from my backyard and has the pond in their backyard is totally okay with me fishing there. I have talked with them on multiple occasions while fishing with no issues. This man lived next door (I assume considering what house he walked by to come see me) to them. The pond is NOT in his backyard and stops right at the aforementioned house. And considering the fact that I have been fishing here since before those condos were even planned on being built, I feel as if I am in the right to fish there. I have also been fishing there all of 2019 with no issues until now, but I know nothing about property laws and want to see what a experienced person would think. 

8 Answers

  • Anonymous
    1 month ago

    First thing you need to do is get yourself a fishing license for your state, Bob. You're an adult now, and adults over 18 need to be licensed if they wish to fish anywhere except on their own private property. Second, your neighbor who approached you is correct, you WERE trespassing on private land. You need to find out who OWNS that pond you've been fishing in and get written permission from the owner to fish there. Otherwise, the neighbor who approached you is within his rights to call the cops on you and press charges against you for trespassing.

  • 1 month ago

    Much of the information you provided is immaterial.  It doesn't matter how long you have fished there or who borders it.  The bottom line is finding out WHO owns the property and if you that THEIR permission to fish there.   There could be very good reasons that they won't let you fish their, for example liability, etc.

    If someone tells you that you can fish there, simply ask if THEY own the property.  If not ignore them.  Many communities have the property boundaries and who owns them on line these days.  If not you can go to your county officies and get the information.

  • 1 month ago

    Why come here with this? You have a computer and internet access. Your issue can only be resolved by knowing who owns the pond. Land ownership is a matter of public record with nearly every town having the information free and online. Go find the owner.

    I spent years on a city planning commission. Ponds - generally, are divided up like a pie unless one owner owns everything around the body of water..... the center is marked on the map and every piece of property that connects to the water front owns a piece of the pie. You will find these owners online...… or go visit city hall.

    My question to you - where do the fish come from? If the pond is stocked by the state or town - nobody has the authority to close it.

    If the pond is owned by the condo owners - no resident has the authority to close it. It has to be voted on by the condo association and the property clearly marked.

    Go fish there. The guy tells you to leave, ask if he owns the pond. If the pond is stocked - tell him to **** himself because its a public fishing spot.

  • Adam D
    Lv 7
    1 month ago

    You would need a number of pieces of information. First, who owns the pond? That's obviously the most important thing. If it is private, and you don't own it, and nobody has given you permission to fish there, you're trespassing.

    If the pond is owned by the condo community, you'd need to know their rules regarding its use. If their own rules allow a condo owner to give you permission to fish in the pond, then you'd be fine - provided you don't trespass on any other condo owner's property.

    Your state may also have some laws regarding this, and those aren't typically the same from one state to the next.

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  • It's going to depend on where the property lines are drawn in your jurisdiction. He may "think" he's right, but unless he has a valid property map that is certified by your local state/county/region/province, then he's basically full of it. The condos "probably" have a property management company and a Home Owners Association (HOA). These people are often guilty of overreach because they're used to people rolling over.

  • Anonymous
    1 month ago

    I would like to throw USAFisnumber1 in a pond filled with hog feces.

    He is absolutely retarded.

  • 1 month ago

    Simply you go to the COUNTY Courthouse, Get a copy of the Plate of that property line. That WILL show who owns that property. Take a copy with you next time fishing if that guy shows up IF you are in the right. Then just ignore him.

    I once while given permission to help rid a Farm of Groundhogs was approached by a neighbor. KNOWING I was on the other man's property, i went ahead that evening. Next time I was there a Game Warden shows up. The guy likely called them on me. He accused me of shooting DUCKS : )

    hahaha I told him, MY varmint Rifle would not leave much of a Duck. Then the guy accused me of scaring his Horses and made them run into the fence. WELL I can understand that. I DID go speak with the man. Simply told him I will be VERY watchful of where his Animals are SO I will not cause them to bolt. If that is all the problem is. THEN I told him STERNLY if I fire a shot it IS my responsibility to be certain Where I put that bullet. I challenged him to ask me ANYTIME to recover that bullet I fired, because I know exactly where I put it. Never heard or saw the guy again.

    See, first thing is to be sure YOU are in the right. Many people are simply NOSY.

    • Richard
      Lv 7
      1 month agoReport

      Some counties use the words plot or plat instead of plate.
      It might be different where you live so keep all three in mind
      when searching.

  • 1 month ago

    To get a correct answer requires knowing at least what state you live in and some times the city can make a difference.

    • Bob1 month agoReport

      I live in Indiana. I don't want to give the exact town, but I live about 30 minutes away from downtown Indy.

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