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Posted

Basically one question two areas.  What do you think about fishing at the following locations - legally speaking.

  • There are a few 'industrial' building not to far from me and they have a pond - do you think its ok to fish.  Like the pond is on the far left side of a bunch of buildings.  Who owns it - the company/person who owns the land?

 

  • Same kind of question - the ponds they build after they put in a huge housing develpoment?

 

As long as there is a no fishing or similar sign of course.

 

Thoughts?

Posted

I will usually fish there once and if they have a problem with it they will let you know. You could call one of the businesses and just ask them directly. As for housing developments i usually stray away because must of them are off limits.

  • Super User
Posted

ALWAYS get permission to fish on private property.

  • Like 12
Posted

Not trying to hijack the thread, but there is a pond behind a local Walmart and I've heard of people fishing back there. Would this be considered trespassing?

  • Super User
Posted

ALWAYS get permission to fish on private property.

 

What Scott said.  There are potential liability issues at work here.

  • Like 1
  • Super User
Posted

Not trying to hijack the thread, but there is a pond behind a local Walmart and I've heard of people fishing back there. Would this be considered trespassing?

 

Its only trespassing if they don't want you fishing there... in other words, it never hurts to ask first.

  • Like 1
  • Super User
Posted

Many states, I know certain counties in Virginia do, have a site that you can look up properties and who owns them.  I have used ti a few times to find owners of lakes and ask for permission to fish.  A lot of lakes you would think have an owner by the nearest house or business but that is not always the case and getting permission from one of the wrong people is not getting permission.

 

I am also nto a fan of the attitude that if it isn't posted to go fish it....i look at it in the way that if i had a lake i wouldn't expect to have to post signs everywhere just to prevent people from fishing and would like to believe people have more respect for other's property.

  • Like 1
  • Super User
Posted

I agree that it doesn't hurt to ask. I have fished and hunted some great spots over the years because I politely asked the property owner for permission. Doing either without permission is illegal and many property owners have no reluctance to press charges. I don't blame them.

  • Like 2
Posted

if it's a small personal property i'm def asking.  

i'm more likely to have at it if it's commercial property that's not signed.

 

in general you're more likely to get a 'yes' by asking private home owner and more likely to get a 'no' by asking commercial property owner b/c of the liability mentioned.

  • Global Moderator
Posted

Always ask first. Some places have no problem with people fishing their ponds, but they like to keep track of who is going in and out in case something is vandalized or stolen. If someone fishes and doesn't get permission they may put an end to anyone using it though. The thought that "If there's no signs, then it's okay," is ridiculous. Do you post Keep Out signs in your backyard? No?? Then it's okay for someone to walk through your yard by that train of thought right? Just because there's no signs doesn't make it okay. 

  • Like 2
Posted

Let me just re-ask my question as I haven't really received the answer I was looking for (I'm sure my wording was awful).  

 

Who owns it (the pond) - the company/person who owns the land?

 

This is the part I am most interested in knowing.  Does the homeowners association own the pond now or is it the builder who developed the land?  The state?

 

I fish on 2 private ponds and got permission before hand and have gotten turned down plenty - but in this case I don't know who (or is it whom) to ask.  

 

Thanks!

  • Super User
Posted

As flyfisher mentioned, you will have to do your homework to find the owner. Homeowners Associations in housing developments are usually the owners of "common" property. In industrial developments that can be a little less clear. Go to the courthouse and ask to see the public records or ask around at the surrounding businesses. The public records will probably give you a better chance of getting in touch with someone with the authority to allow you access. Good luck.

  • Super User
Posted

If it a private persons property, I would always ask permission first.  Example, a farmers pond, or on a fenced in compound.  If it is company property without a fence, or a without a NO Fishing Sign, I would just fish it, leave it cleaner then when I first came, and ask forgiveness if someone is upset. 

 

In my area of south Florida we have an abundance of common areas full of lakes developers made to provide fill for their development.  These areas are open to the public for recreational purposes.  Jogging, bike riding, horse trails, and fishing.   I always try to leave the area cleaner then when I came.  These are an overlooked resource for quality fish.

  • Like 1
Posted

To find out about the industrial pond call Bob Smith at 410-111-00005.

To find out about the residential pond call Rita Jennings at 410-555-12121 :eyebrows:

  • Like 1
  • Super User
Posted

If the building is in an industrial park more than likely the business owners are leasing space, there will be an owner and probably a management company handling their affairs.  To find out who owns property, go the the county appaiser's web site, each parcel will have owners name and other information.

As far as being able to fish it, that's pot luck.  Some will mind other's won't, but not only do these companies lease space they also lease their parking lot as well.  

  • Super User
Posted

Let me just re-ask my question as I haven't really received the answer I was looking for (I'm sure my wording was awful).  

 

Who owns it (the pond) - the company/person who owns the land?

 

This is the part I am most interested in knowing.  Does the homeowners association own the pond now or is it the builder who developed the land?  The state?

 

 

Thanks!

How would anybody here know who owns the pond? You have to go up and ask someone at the location.

Posted

How would anybody here know who owns the pond? You have to go up and ask someone at the location.

 

Clearly no one here knows the exact answer.

 

Sorry for my ignorance but I was merely asking in peoples experiences who seems to own the pond/land.  I was just trying to find out where to start.  flyfisher & SirSnookalot seems to have given the best answer as there is no clear one - it just depends and every situation is different.  I will just start asking and searching and see where it leads.

  • Super User
Posted

Most states require actual private property to be posted in order for someone to be charged with trespassing. In my state of Colorado however, they expect you to be psychic and "know" whether a place is private or not. Then again I live in a very screwed up state.

  • Like 1
Posted

To find out about the industrial pond call Bob Smith at 410-111-00005.

To find out about the residential pond call Rita Jennings at 410-555-12121 :eyebrows:

I tried both these numbers but they were out of service - can you see if you have an updated number?

  • Like 1
Posted

This is terrible advice, but I have found it much easier to ask for forgiveness instead of permission. Most people will ask you to leave, and as long as you're not a jerk no legal ramifications will come your way. Fish at your own risk though! Haha. Sometimes the temptation of finding a sweet honey hole is too strong man.. Lol

Posted

Most states require actual private property to be posted in order for someone to be charged with trespassing. In my state of Colorado however, they expect you to be psychic and "know" whether a place is private or not. Then again I live in a very screwed up state.

I would argue that if its not yours and you don't know it's public, you should assume it's private. Don't see what's screwed up about that at all.

  • Like 2
  • Super User
Posted

Being charged with trespassing isn't the issue but not respecting and using other's people property without permission is...assume private is my intent.  with the advent of this thing called the internet there really is no excuse to not being able to find out the owner of a property.  Zillow can even be a help as it usually has outlines of property boundaries.

  • Super User
Posted

This is terrible advice, but I have found it much easier to ask for forgiveness instead of permission. Most people will ask you to leave, and as long as you're not a jerk no legal ramifications will come your way. Fish at your own risk though! Haha. Sometimes the temptation of finding a sweet honey hole is too strong man.. Lol

 

Gabriel I do agree with one thing in your post: "This is terrible advise." You may be be joking or just trolling, either way this attitude and behavior costs honest fishermen. After being asked for forgiveness a time or two land owners often have little trust of sportsmen in general. It is easier to just say no. Some folks feel very strongly about their "sweet honey holes" and the law might be the least of your worries. FWIW I don't find find any part of your post funny.

  • Like 1

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