CountBassula Posted April 22, 2013 Posted April 22, 2013 I understand that some number of feet from the canal's edge is public land. I've been fishing canals and basically going behind people's backyards and I assume I'm not trespassing if I stay close enough, correct?Am I 100% legal fishing those canals if I stick close to the water? Do you know of any law(s) regarding this? I'm asking because some old guy have me some crap about it today because his dog was barking and he was like "pal, you're aggravating my dog! ble ble ble", I kindly said that I'll be moving on and to have a good evening. Anyways I just want to be sure i'm in the clear, legally... Quote
Highhawk1948 Posted April 22, 2013 Posted April 22, 2013 I fish a lot of canals in Florida. As long as it is attached to the public lake you should be fine. I am assuming you are in a boat. Quote
Super User flyfisher Posted April 22, 2013 Super User Posted April 22, 2013 Call either the local PD of game and fisheries department but ultimately it doesn't matter to much because people will get mad either way. You did the right thing though by not aggravating the situation even more and just moved along. Quote
CountBassula Posted April 22, 2013 Author Posted April 22, 2013 I fish a lot of canals in Florida. As long as it is attached to the public lake you should be fine. I am assuming you are in a boat. nop, i'm on foot. i enter to the canal through a property of a friend who's permission I have to do so, and then i walk along the edge of it for about half a mile. If i look at google maps of my house, it shows me my property line which ends about 20 feet before the cana's edge, i understand it's public land. see, most people in my neighborhood don't mind. they come out, say hi, want to see a fish i catch, etc. but once in a while i come across a grumpy, and i wonder... Quote
CountBassula Posted April 22, 2013 Author Posted April 22, 2013 Oh, and the canal is not attached to a lake anywhere. it's all part of the canal system behind residential homes. i live two streets from this canal and i enter through friend's backyard... then i follow VERY closely to the water, i'm never more than 10 feet away from the bank. Quote
Super User AK-Jax86 Posted April 22, 2013 Super User Posted April 22, 2013 As long as there is no signs or angry homeowners fair game Quote
BassResource.com Advertiser FD. Posted April 22, 2013 BassResource.com Advertiser Posted April 22, 2013 Many of those subdivision canals and lakes have a "drainage easement" around them. It is not public land but an easement dedicated to the county to allow for maintenance. You are most likely trespassing by the strict letter of the law but as long as you are polite and respectful no one will care. Quote
OkeechobeeAngler Posted April 22, 2013 Posted April 22, 2013 If their living on the canal and their land runs to the water, you come along and walk on it you are trespassing. Quote
Super User SirSnookalot Posted April 22, 2013 Super User Posted April 22, 2013 Many of those subdivision canals and lakes have a "drainage easement" around them. It is not public land but an easement dedicated to the county to allow for maintenance. You are most likely trespassing by the strict letter of the law but as long as you are polite and respectful no one will care. ^^This is the closest answer. ^^ Not all canals are treated the same way, many of the major and secondary canals are public but you need to have access to them. One way to get an idea is, who is cutting the grass, if it's the county it's public and if it's a private company it's most likly not public. Most of the smaller canals are private property, either owned by the home owner or the subdivision, usually no one says anything but complaints do happen, I've encountered very few problems. On a side note, ocean beach is legally to fish everywhere with limited exceptions, that being government owned property like Cape Canaveral or a military base for example. Home owners own up to the high water mark and not all the way to the beach, if one can have access thru public land, it's fishable or surfable. I could fish in front of Rush Limbaugh's house (if I were willing to walk 4 miles on the beach to get there) but I could not fish behind Trump's house because he is on the ICW and that's private property. BTW, both the locations hold some great fishing. Quote
rad07h Posted April 23, 2013 Posted April 23, 2013 I used to live on the c-100 canal that runs through pinecrest/palmetto bay in Miami and where you see the property owners fence end is where their property ended. The land between their fence and the canal is county property and it is not trespassing to walk down. People would fish behind our house all the time. Quote
Dave Bond Posted September 26, 2021 Posted September 26, 2021 The residential canals are in our backyards. The public must understand we do not want strangers in our backyards anymore then they would allow strangers in their backyards. My house was vacant for a while before I bought it. The public fished and partied on the banks. The shore was lined with trash from fast food and beer bottles.I've cleaned it up and don't allow anyone back there. My neighbors along the canal do not allow access to the canal from their backyards either. Quote
Super User roadwarrior Posted September 27, 2021 Super User Posted September 27, 2021 On 9/26/2021 at 1:36 AM, Dave Bond said: The residential canals are in our backyards. The public must understand we do not want strangers in our backyards anymore then they would allow strangers in their backyards. My house was vacant for a while before I bought it. The public fished and partied on the banks. The shore was lined with trash from fast food and beer bottles.I've cleaned it up and don't allow anyone back there. My neighbors along the canal do not allow access to the canal from their backyards either. You and your neighbors don't own "public waters", but you are within your rights to prohibit people from crossing your property. "Get off my grass!" 1 Quote
Super User MN Fisher Posted September 27, 2021 Super User Posted September 27, 2021 12 minutes ago, roadwarrior said: You and your neighbors don't own "public waters", but you are within your rights to prohibit people from crossing your property. "Get off my grass!" This is pretty much a given...you can refuse to let people cross your property to access the canal, but if they're in a boat/canoe/kayak, you can't prohibit them from fishing the water around your docks. https://www.flsenate.gov/laws/statutes/2007/372.705 Quote
Chris Catignani Posted September 27, 2021 Posted September 27, 2021 It kinds like the little piece of property in your front yard (right of way) that goes to the street. The home owner may not technically own it...but he is responsible to keep it managed. Same thing here on Corp of Engineer lakes. North Springs Improvement District Quote
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