Florida Ponds - Private Property Question

[Beef_Vegan]

Hello all new here. I've been pond hopping for a while in the northern Tampa area (Hillsborough county) since I bought a house here and of course it's super hard to do so because of how many people fence off water and post no fishing/private property signs. I found a lake earlier this year that was on the side of a road outside of a neighborhood (or so I thought) less than 20ft from a sidewalk on that road. Just yesterday, the owners of the parcel stopped by and told me it was private and we politely argued because I had thought it was public since it was split and it didn't look like they owned the land on the map I saw. They ended up saying I could stay but were planning to put up a sign because of liability (some recent even with police I guess); they don't actually care about the land or people using it to fish but somehow didn't know they maintained that and have lived there over a decade. I'm looking at a different map now and I think it's fairly clear they own the land but it brings up another question since I cannot seem to find this anywhere. So I was hoping someone may be able to just stop me in my tracks with a quick answer or point me in the right direction.

 

I thought I had read that when ponds were split up by owners, then the water is public (barring trespassing on land) but wasn't there a distance to the water line that allows fisherman to use regardless of that property since it's a split pond? I'm curious if I'm remembering that correctly, if this distance was even defined? I remember reading somewhere that if you have access to a body of water you could walk to bank and be ok. Not looking for legal advice, I don't plan to screw with these people because they weren't jerks or anything. I'm just trying to understand so if I find a similar spot I can vet it better for myself to avoid this.

 

This bummed me out pretty good yesterday because it's so difficult to find somewhere to bank fish without having to go to a park, travel far, or get chased off/cops called. This spot wasn't even really good, but it was close, quiet, and away from others so it was nice to just cast for a few hours and sometimes get a small bass. I definitely remember this being much easier when I was a kid in Florida; can't even think of a time I was ever asked to leave anywhere but that was a smaller town.

 

Here's an image of what I think clearly shows they own the land. The left and very top are public. The X's are where I was fishing. The properties extend past a small bunch of woods on the right to the very edge of the nearest neighborhood which I'm a resident of but I don't think that matters here:

 

 

Here is the image that made me think it would be fine if there was an allowable distance to the water's edge (which I might be wrong on):

 

 

[Don51]

That's a tough call. If they don't own the land you were fishing from you would think that it would be ok. Florida freshwater fishing is very frustrating. I gave up chasing Google maps. I would get to a pond only to find it posted, fenced in or heavily surrounded by vegetation. If I come across a pond that is not visibly posted I will fish it until I am told that I can't. I no longer argue with people. It's just not worth it.

[Mike L]

There are ponds and canals all over my local area. 
Most have homes all around, some with posted signs but most do not. 

Some of the best spots are overgrown vacant lots with homes on both sides that are owned by absent owners. 
They can be hard to get through sometimes but usually with a little effort you can make it. 

As long as I’m not walking through or standing on someone’s lawn I go. 
 

 

 

Mike

[Zcoker]

I lived over there and have since watched it boom into what it is today. Most areas are sealed up pretty good. If it's private property, then you'd be taking a chance one way or the other. Sometimes nothing comes of it; other times you get the boot. Can't say if freshwater lakes or ponds share much the same legality as saltwater, like with the mean high tide line. We have similar disputes over here on the east coast off our local beaches over that one. In any event, you can fish places until you can't, no big deal, imho. Or get into pond hopping with a kayak...hit it, fish it, and then leave it. Or just do the time, travel the distance to find places that aren't so restrictive. All comes down to what you are willing to do to get the fish.....and convivence is not always a part of it. 

[Beef_Vegan]

4 hours ago, Don51 said:

That's a tough call. If they don't own the land you were fishing from you would think that it would be ok. Florida freshwater fishing is very frustrating. I gave up chasing Google maps. I would get to a pond only to find it posted, fenced in or heavily surrounded by vegetation. If I come across a pond that is not visibly posted I will fish it until I am told that I can't. I no longer argue with people. It's just not worth it.

Yeah unfortunately FWC wouldn't offer anything here in terms of info so I'm going to reach out to the property appraisers and maybe the sheriff to see if there's leeway for ponds like this. I was hoping to avoid them because I'm expecting canned responses of them saying to just go to a county park where fishing is approved. I think it sucks because the owner doesn't even care about the fishing or land, they just don't want liability which I'm starting to assume is the case with most of these ponds. Lakefront properties are super expensive, too that's not anywhere in the immediate future either.

 

3 minutes ago, Zcoker said:

I lived over there and have since watched it boom into what it is today. Most areas are sealed up pretty good. If it's private property, then you'd be taking a chance one way or the other. Sometimes nothing comes of it; other times you get the boot. Can't say if freshwater lakes or ponds share much the same legality as saltwater, like with the mean high tide line. We have similar disputes over here on the east coast off our local beaches over that one. In any event, you can fish places until you can't, no big deal, imho. Or get into pond hopping with a kayak...hit it, fish it, and then leave it. Or just do the time, travel the distance to find places that aren't so restrictive. All comes down to what you are willing to do to get the fish.....and convivence is not always a part of it. 

 

Yeah that's true. I guess really I was just curious because this one was so borderline. I've been kicked out of ones that were way more obvious and I just wave, pack, and go. 1 county property line map shows the 20 ft between water and sidewalk as private and the other almost shows it as on closer to the waterline since the water goes under those trees. I guess really it doesn't matter just trying to understand for the future. So frustrating nowadays.

[Zcoker]

37 minutes ago, Beef_Vegan said:

Yeah unfortunately FWC wouldn't offer anything here in terms of info so I'm going to reach out to the property appraisers and maybe the sheriff to see if there's leeway for ponds like this. I was hoping to avoid them because I'm expecting canned responses of them saying to just go to a county park where fishing is approved. I think it sucks because the owner doesn't even care about the fishing or land, they just don't want liability which I'm starting to assume is the case with most of these ponds. Lakefront properties are super expensive, too that's not anywhere in the immediate future either.

 

 

Yeah that's true. I guess really I was just curious because this one was so borderline. I've been kicked out of ones that were way more obvious and I just wave, pack, and go. 1 county property line map shows the 20 ft between water and sidewalk as private and the other almost shows it as on closer to the waterline since the water goes under those trees. I guess really it doesn't matter just trying to understand for the future. So frustrating nowadays.

 

Unless a place is specifically posted or fenced off, I'd just fish it until something comes up that says I cannot fish it. If you get permission form the owner, even better. From the looks of your image, seems woody and secluded, certainly more secluded than some of the residential areas that I've seen or fished over there....an outright concrete jungle guarded by all kinds of crazy security. When you start tearing apart a place, trying to find out who owns what, it's gonna get frustration and even challenging to the extent that you might become a bother or nuisance to the property owner(s), who eventfully just call the cops. If a place is trouble and unless it has giants in it, I'd suggest moving along to another place and start the whole process over again. Pond hopping is just what it implies: hopping around from place to place. 

[KSanford33]

I was in Hernando County just north of there in February, and like everyone else has said, if you can get on the water, do it. And if you come across a private pond, I found a 12 pack opened a lot of doors. To quote one owner who let me on his pond, "Just don't do nothin' stupid."

 

Yes sir!

[N Florida Mike]

There are hundreds of ponds in my area. My first rule is: I don’t want ANY hassle with anyone. So anything posted is immediately off limits. People’s lawns are always off limits.

I don’t try to figure out loopholes so That I can be legal .

Neighborhood common area ponds  are usually fishable, and are often stocked, but business park ponds usually aren’t, but may hold a few big fish. City park ponds are sometimes good, especially in areas where they are numerous. DOT ponds also sometimes hold fish. National and state forests are often dotted with ponds.

The 2nd biggest bass I ever caught was in a pond behind a Target store. I found that one on google map.

One stategy is to get with a couple friends, quandrant off areas for each  one, and try ponds in those areas, then share them in your small group. 

Just don’t tell the wrong people or they’ll ruin it.

And actually consider asking people that live on them. Some of my best bank spots were gotten this way. But those I respect highly and just fish them myself without bringing friends.

 

[GaryH]

I used to fish a small lake near Orlando. It was a mobile home park that had a lake behind it. We asked the manager for permission and she said no problem that we were the first to every ask. The first time there we back my boat down and launched, within the first hour I landed a 9.4 lb. That lake became our personal secret hot spot. My three PB’s came from that lake. 

[TnRiver46]

On 12/14/2022 at 1:02 PM, GaryH said:

I used to fish a small lake near Orlando. It was a mobile home park that had a lake behind it. We asked the manager for permission and she said no problem that we were the first to every ask. The first time there we back my boat down and launched, within the first hour I landed a 9.4 lb. That lake became our personal secret hot spot. My three PB’s came from that lake. 

Allegiant flies to Orlando, meet ya there in 8 hours? Haha

[Captain Phil]

On 12/14/2022 at 9:44 AM, N Florida Mike said:

There are hundreds of ponds in my area. My first rule is: I don’t want ANY hassle with anyone. So anything posted is immediately off limits. People’s lawns are always off limits.

I don’t try to figure out loopholes so That I can be legal .

 

My wife and I sold waterfront real estate in Central Florida for 20 years. Fishing access was always a major topic of discussion. In Florida, the water itself is owned by the public. The land around it is not.  This does not mean you can fish anywhere you want.  If a body of water is navigable from a public boat ramp or launching point, you can legally fish there by boat.   This gets tricky when homeowners put up barriers like they do in some areas. For example, for years the Butler Chain near Orlando only had one small public boat ramp.  There are gigantic homes on those lakes and the homeowners tried to shut down that ramp.  They hired their own marine patrol officers to harass fishermen.  They denied this, but I have been stopped by them numerous times.  Finally, a long time resident left a large plot of land for a public ramp. Parking is limited, so you must get there early to fish. The park opens at sun up and closes at dark. 

 

Fishing off the bank is a much different situation. Do not trespass on private property without permission.   Do not assume undeveloped land is public.   Do not assume anything.  You do not want to get into an altercation with a homeowner, because you will lose.   Cops are not lawyers.  Ask permission first.   You have a better chance if you live in the neighborhood.  There are so many canals, rock pits and small lakes in Florida that you will find what you are looking for.  If there is a small park on the lake, it may be fish-able in a canoe or kayak. Ask first.  When I was a kid, you could fish just about anywhere in Florida.  Not so today.

[casts_by_fly]

Also helpful to others in this situation all over the country are the various apps which show property lines and ownership. OnX and spartan forge are two of them.  Spartan forge’s free version shows property lines for sure, not sure about onx free version. They aren’t perfect everywhere and in some places out west they aren’t even very good because property boundaries are poorly defined. Mostly they use public tax maps.  At a minimum it will show the property definitions for you. 

[casts_by_fly]

On 12/12/2022 at 11:06 AM, Beef_Vegan said:

Hello all new here. I've been pond hopping for a while in the northern Tampa area (Hillsborough county) since I bought a house here and of course it's super hard to do so because of how many people fence off water and post no fishing/private property signs. I found a lake earlier this year that was on the side of a road outside of a neighborhood (or so I thought) less than 20ft from a sidewalk on that road. Just yesterday, the owners of the parcel stopped by and told me it was private and we politely argued because I had thought it was public since it was split and it didn't look like they owned the land on the map I saw. They ended up saying I could stay but were planning to put up a sign because of liability (some recent even with police I guess); they don't actually care about the land or people using it to fish but somehow didn't know they maintained that and have lived there over a decade. I'm looking at a different map now and I think it's fairly clear they own the land but it brings up another question since I cannot seem to find this anywhere. So I was hoping someone may be able to just stop me in my tracks with a quick answer or point me in the right direction.

 

I thought I had read that when ponds were split up by owners, then the water is public (barring trespassing on land) but wasn't there a distance to the water line that allows fisherman to use regardless of that property since it's a split pond? I'm curious if I'm remembering that correctly, if this distance was even defined? I remember reading somewhere that if you have access to a body of water you could walk to bank and be ok. Not looking for legal advice, I don't plan to screw with these people because they weren't jerks or anything. I'm just trying to understand so if I find a similar spot I can vet it better for myself to avoid this.

 

This bummed me out pretty good yesterday because it's so difficult to find somewhere to bank fish without having to go to a park, travel far, or get chased off/cops called. This spot wasn't even really good, but it was close, quiet, and away from others so it was nice to just cast for a few hours and sometimes get a small bass. I definitely remember this being much easier when I was a kid in Florida; can't even think of a time I was ever asked to leave anywhere but that was a smaller town.

 

Here's an image of what I think clearly shows they own the land. The left and very top are public. The X's are where I was fishing. The properties extend past a small bunch of woods on the right to the very edge of the nearest neighborhood which I'm a resident of but I don't think that matters here:

 

 

Here is the image that made me think it would be fine if there was an allowable distance to the water's edge (which I might be wrong on):

 

 

 

 

This the property?  A quick look on spartan forge shows the whole lake owned by the same guy. Two big rectangles and two long skinny ones on the opposite side. The map shows the property lines encompass the left side of the lake but left of that is county land. 

 

[Raptor691]

Beef_Vegan  get at me on this thank you greatly appreciated . Don’t want you  to have to go to far to enjoy fishing