Water Question

Discussion in 'Fish & Wildlife Questions' started by rascaldog, Mar 5, 2013.

  1. rascaldog

    rascaldog 6 pointer

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    Jan 28, 2008
    Somerset KY
    When a creek passes from public through private property can it be waded or fished from a boat. I have heard different versions. Some have said that property lines extend into the water. Some have said it ends at waters edge. If their is different owners on each side, how is the boundry determined?
     
  2. 8&sand

    8&sand 12 pointer

    Pretty sure the law reads that as long as the vessel "floats" your legal.

    If at any point you would have to get out & pull your vessel into deeper water you would be trespassing.

    I could be 100% in then wrong also.
     
  3. DH13

    DH13 12 pointer

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    Ill get the popcorn ready.
     
  4. easternkyhunter

    easternkyhunter 8 pointer

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    I've always heard if a landowner owns both sides of the creek then they also own the creek bed. So u must b in a boat or u would be trespassing. Don't know if thats true or not, just what I was always told.
     
  5. The Lawn Man

    The Lawn Man 6 pointer

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    Dec 7, 2011
    Ky
    Navigateable water

    Is the term used
     
  6. slickhead slayer

    slickhead slayer 12 pointer

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    Property goes to the middle of the creek. You can float a creek, assuming it's a navigateable waterway, but you can't wade it. Nothing can touch the bottom, feet, anchor, decoys etc.
     
  7. dipits

    dipits 8 pointer

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    Dec 20, 2003
    Ky..
    Property line is where the deed states. Some go to the middle and some go the bank on the other side.
     
  8. Fat Tony

    Fat Tony 12 pointer

    Maybe buckfever paid more attention in first year law school than I did, but riparian rights seem to apply as long as its navigable by boat.
     
  9. CSS archer

    CSS archer BBBC Members

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    Central KY
    Unless you have permission from either landowner to be there, wading, dragging over a riffle or anchoring could be considered trespass, as slick has stated.
     
  10. dipits

    dipits 8 pointer

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    Dec 20, 2003
    Ky..
    css aecher & slickhead
    I totaly disagree if you are of the opinion that property lines follow the center of the creek . This may be the case with most .
    However in some cases the deed may call to the other side. My deed calls to the other bank and follows that bank then comes to my side shortly
    before the end of property and for that distance the other side owns both banks. South fork river.
     
  11. CSS archer

    CSS archer BBBC Members

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    Yes, property lines may vary from center to either side, it does not matter regarding the question. Anyone must have permission from the landowner or risk trespass charges by wading or dragging over a riffle. Many landowners don't care, some do..
     
  12. smashdn

    smashdn 12 pointer

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    Palmyra, Kentucky
    Word of the day > accretion.
     
  13. CSS archer

    CSS archer BBBC Members

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    Central KY
    Accretion has nothing to do with permission to trespass. Alluvial deposits come and go after flooding and erosion processes. Regardless, property boundaries are inclusive and when streams are too shallow to float and must be waded, it can be considered trespass, this was the OP's question. Sometimes the boundary is the center, sometimes it's either bank, regardless someone owns the bottom of the stream, only the water is considered public.
     
  14. smashdn

    smashdn 12 pointer

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    No doubt.

    Accretion is good to know though. Creeks around here cahnge course every 2-3 years. What may be Farmer Bob's creek bank this year might be No Tresspassing Tim's property 3 years from now. Property lines don't move, but creeks do. So if the deed is written to have a property line at a fixed location (gps inlieu of a pin that would wash out) (what I would recommend) then you may gain sole control of a section of creek if you are smart about it.
     
  15. ptbrauch

    ptbrauch 12 pointer

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    No one owns the water in Ky, only the land. That way Bob can't dam up the creek on his property that John is using to water his cows on his property.
     

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