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When is water public vs private

A

Anonymous

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This topic arose on a differnt forum but I wanted to bring it here to see if you'll might have additional insight. I detect using scuba and am wondering about the rules regarding hunting around docks and in waters off private property. Some lakes are totally closed to public access and therefore the answer is clear. But there are plenty of public lakes with private docks. Ethically, should I ask the owner of the abutting property for permission to detect around their dock? I definitely would if I intend to access the water from that property. But often I entering the water from public land and have easy access to many docks around the lake. I can easily detect around unattended docks without ever being seen! If it
 
Here in Florida there's no such thing as a private natural lake. By law, there has to be public access. I don't think that acreage matters. Now, alot of the lakes "look" private because of developement but if you'll check county survey maps, the access can be located. Sometimes they are hard to find because the owner next to the access has sodded the area and mows the grass and it looks all prim and propper. Worse yet, someone put up a fence thinking that it was his in the first place.
I met a gentleman years ago that was mowing a lake access so it blended right into his property. There was a posted boyscout camp on the other side of the lake that was posted to trespassers so the only way to hunt the water area was by canoe. Should have seen the look on his face when I carried a canoe through "his yard". I showed him the map and explained his error, he eventually came around but I could tell he wasn't too thrilled about the idea. I told him it would be our little secret but I would be back from time to time to use the access. He agreed and was very cordial whenever I returned.
Would you ask an owners permission to fish, from a boat, around and under his dock? I have always asked this question..... If the lakes are public property, what gives homeowners the right to put up docks on public property? Better yet, If I climb up on a dock, built on public property, why is that considered trespassing? Interesting dilema if you consider it.
I would scuba and hunt under these docks as much as I wanted to, just be respectful if they are being used at the time, and leave the bottom as you found it when you left. Oh, and if you find anything under it that belongs to the dock owner like dive masks, snorkels or anything else used by kids that are out of reach, toss it on the dock, you'll probably at least be tolerated. One other thing, pick up ALL garbage, that way if you are confronted by an angry owner, you can show him the garbage you collected from under his dock. He may be appreciative and change his attitude. Good luck and go get 'em.
therick
 
Yes, well written! I agree with your comments. I'll need to get a bigger goody bag however when it come to all the dang beer bottles and cans! Out of sight, out of mind! <img src="/metal/html/cry.gif" border=0 width=40 height=15 alt=":cry">
 
I think I can help on this one. Riparian rights is what lake waters and access is about.
YEARS AGO the government did surveying. It used water for parts of its surveying and other methods. "Riparian Rights" are rights to water that were deemed public by the government. This is federal law and not state law. The way you can tell if a certain piece of water has Riparian Rights is to look at a plat book of the area. If the piece of water has little numbers surrounding the lake [2,7,9,] [any numbers] as it touches other parts of the survey it has Riparian Rights. If there is no numbers this piece of property was not part of a government survey therefore not deemed to have riparian rights. In the latter case the surrounding property owner would have the rights to the top, surface, and bottom of the water. I know this because I own such a property. Almost ALL bodies of water that have any size have riparian rights. In my case my lake is only 35 acres in size. I think the largest one I have ever seen in this area was about 65 acres.
However if a lake has riparian rights, and there is no public access one may not trespass across private property to gain access to such water. However once on such water you may walk around the whole lake as long as you are not on dry land. Hope this helps.
HH
 
I agree with Dave on this one.Some real estate laws consider the cener line if the water dries up ,but that's probably for law suits.If it's navigatable it's public water.The boat docks,check contracts with Corps of Engineers and fish commission.Ask for a copy of the law,don't just take their word.Lots of employees will tell you what they think ,not what the law is.Then there is the common sense and safety about boat docks.Are your diving flags up?Boat owners will not know if you are there and they really shouldn't have to.Is it really worth it to try something like diving under active boat docks????Just something for you to think about.
Jim pa
 
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