# River wading property lines



## jcotsmallie (Nov 1, 2009)

Looking for links to websites that show property lines on rivers for wading and nagging home owners. 


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## FOSR (Apr 16, 2008)

Go the the County Auditor's web site and do a parcel search, starting from some known street address.


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## bjpatrick (Jun 18, 2010)

I'm quite sure they don't own the river. Just stay in the river and let them bicker at you. Let them call the cops and nothing should happen. Some people are very protective and might see wading fishermen as possible thieves.


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## Lundy (Apr 5, 2004)

bjpatrick said:


> I'm quite sure they don't own the river. Just stay in the river and let them bicker at you. Let them call the cops and nothing should happen.


Not true,

There are many instances where the stream bed is owned by the adjacent property owner. They do not own the water but in many cases they do own the land underneath it.

If I lived along a stream I would be one of those "nagging" landowners also. I don't want someone on my property, whether it is 10 ft from my back door or on the creek 100 yds from my house without my prior knowledge and permission.


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## backlashed (Mar 19, 2011)

Lundy said:


> There are many instances where the stream bed is owned by the adjacent property owner. They do not own the water but in many cases they do own the land underneath it.
> 
> If I lived along a stream I would be one of those "nagging" landowners also. I don't want someone on my property, whether it is 10 ft from my back door or on the creek 100 yds from my house without my prior knowledge and permission.


That is correct.

I am one of those too. Inconsiderate users are the bane of all outdoors men.


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## FOSR (Apr 16, 2008)

One complicating factor is the usual riffles and pools where it's very likely you'll have to get out of the boat to go from one pool to another.


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## bjpatrick (Jun 18, 2010)

Lundy said:


> Not true,
> 
> There are many instances where the stream bed is owned by the adjacent property owner. They do not own the water but in many cases they do own the land underneath it.
> 
> If I lived along a stream I would be one of those "nagging" landowners also. I don't want someone on my property, whether it is 10 ft from my back door or on the creek 100 yds from my house without my prior knowledge and permission.


I went to Ohio State and graduated thus I'm quite easy going with other people. There are not a lot of people that attend Ohio State which are criminals. If fishermen do not leave their trash then I wouldn't be mean to them or call the cops. If a landowner is mean the fisherman might come back a couple of nights later and vandalize a property. If you don't want people to fish your property then signs are needed but being mean to another person is just asking for problems.


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## Mushijobah (May 4, 2004)

FOSR said:


> One complicating factor is the usual riffles and pools where it's very likely you'll have to get out of the boat to go from one pool to another.


Even if the the land under the stream is owned by a landowner, portaging through a riffle is completely legal. Do not pass go, make your way straight through or around the obstruction.

http://senr.osu.edu/images/OH_water_and_water_rights.pdf

Page 908 near the top. LOTS of good info in that document. Also notice it states that the land under the river is owned by a landowner UNLESS otherwise stated in the deed...

I was priveledged enough to take Dr. Epstein's class last quarter, what a useful resource not only as a person working in the field, but as an angler/hunter.


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## Mushijobah (May 4, 2004)

So since you graduated from Ohio State, you are therefore quite easy going with people? I was never offered such certifications when I attended. Your logic as of lately has come into question by some of us...Maybe we went to different schools, I went to THE Ohio State University 



bjpatrick said:


> I went to Ohio State and graduated thus I'm quite easy going with other people. There are not a lot of people that attend Ohio State which are criminals. If fishermen do not leave their trash then I wouldn't be mean to them or call the cops. If a landowner is mean the fisherman might come back a couple of nights later and vandalize a property. If you don't want people to fish your property then signs are needed but being mean to another person is just asking for problems.


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## bjpatrick (Jun 18, 2010)

Mushijobah said:


> So since you graduated from Ohio State, you are therefore quite easy going with people? I was never offered such certifications when I attended. * Your logic as of lately has come into question by some of us...*Maybe we went to different schools, I went to THE Ohio State University


I could careless what you think of me. You're just words upon a message board and nothing more.



> Maybe we went to different schools, I went to THE Ohio State University


So you attended but never graduated? I could careless how the dumb athletes that rarely graduate name Ohio State, "The Ohio State University." I did graduate from Ohio State's 2nd ranked economics program in the country though.










*Lets not turn this post into a mud slinging contest!​*

Source:
http://online.wsj.com/article/SB10001424052748703376504575491704156387646.html


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## Mushijobah (May 4, 2004)

Another usage of "upon"....when does it end?



bjpatrick said:


> I could careless what you think of me. You're just words upon a message board and nothing more.


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## Mushijobah (May 4, 2004)

bjpatrick said:


> I could careless what you think of me. You're just words upon a message board and nothing more.
> 
> 
> 
> ...


Dude, what happened to your original post that I quoted? You put in graphs from a 2010 website, insinuate that I did not graduate from tOSU, and insult atheletes? And you request in *BOLD* that this doesn't get turned into a mud slinging contest?! Oh yeah,  means joke, tounge-in-cheek, sarcasm. I suppose I should have explained that too.

What's wrong bud, wanna talk about it?


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## JohnnyBravo (Apr 28, 2012)

thought this was a fishing forum ^_^. take this into private chat ladies


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## Dovans (Nov 15, 2011)

Alrighty then, lets all head to the White House and have a beer with Obama and talk this out....


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## Mushijobah (May 4, 2004)

Mushijobah said:


> http://senr.osu.edu/images/OH_water_and_water_rights.pdf


As stated before,

Check out this link. Has basically everything an angler/river boater could want to know about navigating Ohio's streams. Sorry for the commotion, gents.


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## Snakecharmer (Apr 9, 2008)

bjpatrick said:


> I'm quite sure they don't own the river. Just stay in the river and let them bicker at you. Let them call the cops and nothing should happen. Some people are very protective and might see wading fishermen as possible thieves.


Outside of a ticket for trespassing that is.....


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## JimmyMac (Feb 18, 2011)

bjpatrick said:


> I went to Ohio State and graduated thus *I'm quite easy going with other people.* There are not a lot of people that attend Ohio State which are criminals. If fishermen do not leave their trash then I wouldn't be mean to them or call the cops. If a landowner is mean the fisherman might come back a couple of nights later and vandalize a property. If you don't want people to fish your property then signs are needed but being mean to another person is just asking for problems.


After reading all the posts in this thread, I don't really buy that... 


Going to collage isn't going to determine your personality. I didn't even complete high school, I had to get my GED. If collage athletes are idiots, You must certainly not think very highly of my type.


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## streamstalker (Jul 8, 2005)

Snakecharmer said:


> Outside of a ticket for trespassing that is.....


Just show them your OSU degree and everything will be okay....unless you are an athlete....I ain't even gonna mention the restrictions he cited the other night that got deleted.


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## FOSR (Apr 16, 2008)

Mushijobah said:


> http://senr.osu.edu/images/OH_water_and_water_rights.pdf


You're going to make me go through a whole second round of coffee.

Seriously, though, I'm going to share that document with the other members of the Central Ohio Watershed Council.


edited to add, Holy cow that's like getting an hour of free time from an attorney.


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## T-180 (Oct 18, 2005)

Thanks Mushi, that's great info if not a touch dry in spots.


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## FOSR (Apr 16, 2008)

T-180 said:


> Thanks Mushi, that's great info if not a touch dry in spots.


I read page after page of stuff like that in my master's program at a large school in central Ohio. That's just a review; trying to read and understand the actual language in the code is tougher. But it's sweet the way this tells you exactly where to look for the specifics.


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## CRAPPIECOMMANDER (Feb 25, 2006)

This whole debacle with the trespassing came from duck hunters using the old law to their advantage to gain access to leased (for duck hunting) river bottoms, which as you can imagine made for some unpleasant encounters. I for one don't like the whole leasing land for hunting or fishing, but can see how upset someone would be who is for it. I think they just put this law in to make it easier on the gamewardens to enforce trespassing just for those encounters. It really comes down to greedy governments in Ohio too I have heard, don't know that it's fact or not but they say Ohio is one of the few states that makes you pay taxes to the middle of the river, which makes this whole can of worms possible. As much as I hate how it effects my hunting and fishing spots to have the old law back, I for one would still like to see it reversed just so people can enjoy the rivers. I would be all for a clause that would drastically increase fines for littering along any river or stream as part of the law to reverse it. I still believe if you make the punishment severe enough it will stop most of the problems. Just my 2c on a problem that hits very close to home!


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## Silent Mike (Aug 9, 2009)

just as most rangers leave you alone in parks at night if you are clearly fishing, then most property owners should leave you alone if you are wading and clearly fishing as long as you arent on the bank, making fires, noise, leaving trash etc...


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## jiggerman (Nov 2, 2009)

Water where river where land what what oh.....


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## Bubbagon (Mar 8, 2010)

bjpatrick said:


> I'm quite sure they don't own the river. Just stay in the river and let them bicker at you. Let them call the cops and nothing should happen. Some people are very protective and might see wading fishermen as possible thieves.


It's difficult for me to read things like "I'm quite sure..." when clearly you are quite wrong and have spent no time researching or have no first hand experience of the legalities.

PLEEEEEASE stop saying you graduated from OSU as some badge of honor. You're dragging the rest of us down with you.

Most know I'm a big advocate of the Federal interpretation of navigatable water. But I also understand it differs from Ohio's interpretation.
It will be interesting to see how things shake out the next few years as I believe the topic is going to heat up for other reasons.


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## Dovans (Nov 15, 2011)

Bubbagon said:


> PLEEEEEASE stop saying you graduated from OSU as some badge of honor. You're dragging the rest of us down with you.


Dang, I am proud to be a graduate from OSU... I do take it as a badge of honor. I tell anyone who asks while I stock shelves at Kroger.


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## Snakecharmer (Apr 9, 2008)

Dovans said:


> Dang, I am proud to be a graduate from OSU... I do take it as a badge of honor. I tell anyone who asks while I stock shelves at Kroger.


Are you sure you didn't go to Michigan?


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## guppygill (May 8, 2004)

Silent Mike, in alot of streams the owners own the land under the water. If your wading, fishing or not, your trespassing, owners have a right to say something, I would.


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## Dovans (Nov 15, 2011)

Snakecharmer said:


> Are you sure you didn't go to Michigan?


Muck Fishigan...Live on Woody. Bucks rule.


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## BBO Ohio (May 7, 2012)

Lundy said:


> Not true,
> 
> There are many instances where the stream bed is owned by the adjacent property owner. They do not own the water but in many cases they do own the land underneath it.
> 
> If I lived along a stream I would be one of those "nagging" landowners also. I don't want someone on my property, whether it is 10 ft from my back door or on the creek 100 yds from my house without my prior knowledge and permission.


Deer Creek is this way. got ran out as a kid wading it. as long as its a national and/or state scenic river your good to go. on scenic rivers i believe your allowed 6ft from the waters edge before your considered trespassing


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## Mushijobah (May 4, 2004)

BBO Ohio said:


> Deer Creek is this way. got ran out as a kid wading it. as long as its a national and/or state scenic river your good to go. on scenic rivers i believe your allowed 6ft from the waters edge before your considered trespassing


I've never heard of that. Any proof?


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## USMC_Galloway (May 13, 2011)

The law sucks, but I am with others in that if I had land on a river I would not allow the public to post up and fish when ever they felt the need to do so. If kayak fishing is shown me one thing, its that there are a lot of messy sportsmen out there. Between the blue tubs, and balls of line mixed in with all the party accessories, they can keep that on public land. 

Want to get around it , get a yak.


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## EnonEye (Apr 13, 2011)

It's just a shame where we've gone to as a nation and a society over the past several decades. Cutting my fishing eye teeth on Pennsylvania trout streams would not have been possible in todays society for fear of a landowner yelling and screaming, or threatening a fisherman, or calling the law. And I suppose you can't blame them as that's a result of past criminal activity and people not respecting the property. Interesting thread but...how sad.


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## StuckAtHome (Apr 29, 2004)

being a scenic river gives you no right to use it on private property, it was setup to keep the river clean and educate the landowners to keep it clean, protect the corridor,ect, nowhere does it say anything about letting fishermen trespass.

Razrmaxx


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## Silent Mike (Aug 9, 2009)

guppygill said:


> Silent Mike, in alot of streams the owners own the land under the water. If your wading, fishing or not, your trespassing, owners have a right to say something, I would.


i know that, thats what i was saying...if a person is clearly wading down the stream and fishing, not causing any problems the land owner should not say anything....i would welcome waders through the stream i owned as long as they didnt set up camp or something on the bank....if they dont come up on land and do not disturb the land with trash or anything then i would be fine with it


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## streamstalker (Jul 8, 2005)

Here are some old threads on this topic:

Here are some old posts on this. I doubt any topic has been beaten to death more than this other than C&R: http://www.ohiogamefishing.com/community/search.php?searchid=4376895&pp=25&page=10

http://www.ohiogamefishing.com/community/showthread.php?t=107856&highlight=property+rights

http://www.ohiogamefishing.com/community/showthread.php?t=42261&highlight=property+rights

http://www.ohiogamefishing.com/community/showthread.php?t=21268&highlight=property+rights

http://www.ohiogamefishing.com/community/showthread.php?t=188574&highlight=property+rights

http://www.ohiogamefishing.com/community/showthread.php?t=175706&highlight=property+rights

http://www.ohiogamefishing.com/community/showthread.php?t=143245&highlight=property+rights


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## Bubbagon (Mar 8, 2010)

BBO Ohio said:


> . as long as its a national and/or state scenic river your good to go. on scenic rivers i believe your allowed 6ft from the waters edge before your considered trespassing


Again with the statements as if they were fact.
For the record, the quoted portion is simply not true.

I'm done. I'm convinced this topic outreaches the capabilities of most who comment on it.


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## KaGee (Sep 8, 2006)

Goodnight Jim Bob....


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