# Can it be a private Pond



## BlackSmurf (May 30, 2008)

Theres a place near my house its a neiborhood pond i go their fish have fun dont kill any unless the fish really takes it. But this old geeser sits thier and say iam not aloud to cause its owned by the housing assocsition. Is it true there are no signs or anything is it a private pond he always threatins with the police.


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## Joey209 (Oct 17, 2007)

If there is no "No Trespassing" you're prolly alright.The most they can do is call the cops to ask you to leave.I fish retention ponds like that all the time


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## M.Magis (Apr 5, 2004)

If you don't own it and it's not public ground, you are trespassing. It makes absolutely no difference if there are signs or not. They can and will give you a ticket for trespassing if the owner requests them to do so. Pretty straight forward.


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## truck (Apr 12, 2004)

M.Magis said:


> If you don't own it and it's not public ground, you are trespassing. It makes absolutely no difference if there are signs or not. They can and will give you a ticket for trespassing if the owner requests them to do so. Pretty straight forward.


 M M is right $500.00 fine BTW !!!!!


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## BlackSmurf (May 30, 2008)

M.Magis said:


> If you don't own it and it's not public ground, you are trespassing. It makes absolutely no difference if there are signs or not. They can and will give you a ticket for trespassing if the owner requests them to do so. Pretty straight forward.



but that guy dosent own it either its the nieborhoods im still gonna fish there to see what happens


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## bountyhunter (Apr 28, 2004)

what are the rules of the assos , ??that will detrimin whats/what. and give a copy to the old fart giving you a tuff time.


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## Fishman (Apr 5, 2004)

It's true and I actually saw some kids getting a "talk'in to" with the police about it.


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## M.Magis (Apr 5, 2004)

> but that guy dosent own it either its the nieborhoods im still gonna fish there to see what happens


 You've already been told what will happen. I'm not sure what's so hard to understand. Someone owns that land, and it's not you. You've been told your not allowed fishing there. What else do you need to hear?


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## [email protected] (Jul 5, 2006)

M.Magis said:


> You've already been told what will happen. I'm not sure what's so hard to understand. Someone owns that land, and it's not you. You've been told your not allowed fishing there. What else do you need to hear?


WHEN ARE PEOPLE GOING TO GET IT IN THERE HEAD?
IF THE LAND IS NOT IN YOUR NAME THEN SOMEONE ELSE OWNS THAT LAND. THEY DO NOT WANT YOU ON IT,SIGN OR NO SIGN. YOU ARE TREESPASSIG, NO PERMISSIOM FROM LAND OWNER YOU CAN BE AND MORE THEN LIKLEY TO BE SHOT. AND GUESS WHAT , YOUR WRONG NOT THE LAND OWNER. ITS CALLED TRESSPASSING FOR A REASON. STAY OUT, STAY OFF, STAY HOME. NOW IF YOU WHERE TO ASK FOR PRMISSION AND GET THAT PERMISSION, YOU HAVE TO HAVE THAT IN WRITEING AND CARRY THAT WITH YOU . IF YOU DO NOT CARRY THAT WITH YOU AND A COP STOPS YOU AND ASK WHERE IS IT . YOU ARE NOW IN DEEP S..T AND ARE GOING TO PAY A BIG FINE AND COURT COSTS.

THATS THE LAW


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## bkr43050 (Apr 5, 2004)

[email protected] said:


> WHEN ARE PEOPLE GOING TO GET IT IN THERE HEAD?
> IF THE LAND IS NOT IN YOUR NAME THEN SOMEONE ELSE OWNS THAT LAND. THEY DO NOT WANT YOU ON IT,SIGN OR NO SIGN. YOU ARE TREESPASSIG, NO PERMISSIOM FROM LAND OWNER YOU CAN BE AND MORE THEN LIKLEY TO BE SHOT. AND GUESS WHAT , YOUR WRONG NOT THE LAND OWNER. ITS CALLED TRESSPASSING FOR A REASON. STAY OUT, STAY OFF, STAY HOME. NOW IF YOU WHERE TO ASK FOR PRMISSION AND GET THAT PERMISSION, YOU HAVE TO HAVE THAT IN WRITEING AND CARRY THAT WITH YOU . IF YOU DO NOT CARRY THAT WITH YOU AND A COP STOPS YOU AND ASK WHERE IS IT . YOU ARE NOW IN DEEP S..T AND ARE GOING TO PAY A BIG FINE AND COURT COSTS.
> 
> THATS THE LAW


Most of that is right...except the part about the shooting. The property would indeed be in the wrong if he were to shoot someone unprovoked on his land. He can carry a gun to protect himself but if he encountered someone who was for example fishing on his property that would not give him a license to shoot.

These guys are right that the property is always owned by someone. That someone can be an individual, or a group of individuals, or even the city/state/federal government. Whoever that owner is has the say on property access. If I were you I would find out who runs the development and talk to someone there directly. You may find out that it is alright. But they may also say no. Knowing that answer in advance will at least help you decide whether or not to bring a few hundred dollars extra money along when you fish there.


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## misfit (Apr 5, 2004)

> If I were you I would find out who runs the development and talk to someone there directly. You may find out that it is alright. But they may also say no.


best advise yet!% 
i'm assuming this is a retention pond of some sort,in a housing developement.in that case,there could be a homeowners ass. that can clear up the whole thing.some of those situations provide for residents to have access through the property of others,and some may not.


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## hang_loose (Apr 2, 2008)

If this pond is in Westerville, off of Schrock Rd., it is a private pond. It belongs to a ''gaited'' community. You have to be a homeowner or their guest to fish there. My sister has a home there and my son and I have fished there a few times. Great pond to fish for big bass and gills.
The old guy is a pain sometimes trying to chase some homeowners and guest he doesn't know off the pond. He's been doing this for years.

If you want to fish this pond, talk to some people who live there. Most of them are really nice and would probably let you be their guest.

Good luck!!!


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## Fishman (Apr 5, 2004)

misfit said:


> best advise yet!%
> i'm assuming this is a retention pond of some sort,in a housing developement.in that case,there could be a homeowners ass. that can clear up the whole thing.some of those situations provide for residents to have access through the property of others,and some may not.



Exactly what misfit said, if you live in the Subdivision that the retention pond is on you can most likely fish the public area around it. I can't think of many retention ponds that don't have access made for the people of the community. By community I mean sub division  A lot of subdivisions keep a few feet of the bank as well, so anyone can basically walk and fish around the entire thing.

If you don't live in the subdivision then you don't belong there without an invatation by the people that live in the subdivision. It's on the property the subdivision is built on, they pay to maintain their retention pond, and therefore it belongs to them.


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## Lewzer (Apr 5, 2004)

Criminal trespassing is a minor misdemeanor and the fine is only about $120.00. If you feel the fishing is worth the fine then go for it. If you don't, stay off.


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## basscatcher82 (Jul 7, 2006)

My parents live on a type of pond in which you are referring to. The way these ponds works is that everyone on the pond pays fees to keep it clean, stocked, airgated, etc. Each person owns the property to the pond and that is it. As far as fishiing the whole pond you would have to get the association to give you permission. And good luck trying that. The best you could do is find a person on the pond and fish from their land only. Even though my parents live right on the pond I still only have rights to their yard that is up to the pond. People get irritated with other people for being on these ponds cause they pay lots of money for upkeep. It is not that they don't want you there but in fact they have paid more for there house to be there.


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## FireMurph (Apr 16, 2007)

I have dealt with this for years now, I live on the Mosquito Creek. Just the other day a man and his son parked in my neighbors drive (house is vacant) and were fishing in my back yard. I know that doesn't sound bad but the kid was walking thou the garden stomping down the Garlic and when I walked down their the kid was throwing around the fire wood we have stacked down their. The Dad was more worried about fishing than watching what his kid was doing to someone else's property. I just politely told him they could not fish their because my dog runs lose in my yard. Yes I do have Beware of Dog signs up but that doesn't stop them(we had to put down our dog about a month ago but I'm not telling them). They did leave a few minutes later.
When I first moved here I fixed up the creek bank, I took all the old sidewalks and put them on the bank like a boat ramp. a few people would fish down their, all was OK. Than people started stealing the lawn furniture or what they didn't steal the thou in the creek, leave trash all around. I than planted bushes along the property line to give the hint to stay out. That didn't work just gave them more cover to destroy what I had and even broke down some of the bushes to get in. Now I have a fence than the bushes have grown into so no one can get thou and anyone that I don't know I ask to leave. 
 I hate telling people to leave but the past has proven that its not worth it to let strangers in the yard.

 OGF's are welcome but the fishing sucks, I haven't fished their for at least 5 years and it's only 200 feet from the house!


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## allenx1966 (Jul 28, 2008)

This can be answered simply by going and looking up trespassing in the revised code of the state you live in. Here in ohio, for it to be trespassing you must ignore 1 of 3 things. i will put it to you in layman's terms.

1) A SIGN WARNING YOU OF PRIVATE PROPERTY OR NO TRESPASSING.

2) A VERBAL WARNING FROM THE PROPERTY OWNER (not a busy body that thinks he speaks for the property owner)

3) CROSSING A BARRIER. FENCE , GATE ,DOOR

so if the old geezer does not own the property, or work for the owner, his threats mean nothing, even if he rents at that location, he has no authority to tell you to leave. he can call the cops, the cops can verify you are not supposed to be there and make you leave, but they can't cite you or arrest you in any way shape or form. Once they verbally warn you, then if you come back,you can be subject to arrest or fined by any laws and regulations regarding trespassing .

If you don't see any barrier, then it is safe. Beware though, a gate, even unlocked is considered a barrier. A hedgerow is a barrier. A decorative landscape retaining wall is a barrier.


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