SV1000 Posted March 24, 2008 Posted March 24, 2008 I do not fully understand the laws regarding this issue but living in Texas I was taught not to cross a fence to hunt because it's trespassing. There are heated debates on the hunting boards regarding this issue and depending on the part of the country, the practice is either accepted or rejected. It is my understanding that it is not trespassing when the land is not posted, by sign or by purple paint. In NE KS, I hunt my family farm and our farm borders at least 5 other farms that are not posted. However, being from Texas, I still don't cross the fence to hunt a neigbors field. What is the law where you fish and is it acceptable to hop a fence to fish a pond or other body of water? Quote
Guest muddy Posted March 24, 2008 Posted March 24, 2008 First off I am too old to get my sorry butt over a fence these days ;D Actually if it's posted and I want to fish it I ask if the answer is no then its no, there are enough places to fish and i always try to stay within the laws. Quote
fishizzle Posted March 24, 2008 Posted March 24, 2008 A lack of a no trespassing sign does not make it public property. A fence is made to keep people out!!!!! Don't give fisherman a bad name by crossing into private property because you are able to "hop it" (exept muddy) sorry It is tempting though because most likely there is good fish there with no pressure I think its called poaching and carries multiple charges Quote
Super User Grey Wolf Posted March 24, 2008 Super User Posted March 24, 2008 Fences are there for a reason . to keep something in or to keep something out. You've just got to use some common sense. Quote
Super User fishinfiend Posted March 24, 2008 Super User Posted March 24, 2008 people get shot for that round here ;D Quote
daviscw Posted March 24, 2008 Posted March 24, 2008 people get shot for that round here ;D I was gettin ready to say the exact same thing. Sign or no sign, you don't go on other people's land unless you can run faster than the bullets Quote
jrhennecke Posted March 24, 2008 Posted March 24, 2008 No matter were you are it is probably best policy to ask the land owner for permission. It would be a sign of respect. Quote
SV1000 Posted March 24, 2008 Author Posted March 24, 2008 ^^^ that is extreme but may be legal in Alabama and this issue is not the intent of the tread. I just checked with TP&W and found that in Texas, it is illegal to hunt, fish or retreive game on other persons property without written consent. Texas Penal Code 30.05 states that a fence is notification that the property is posted. So that answers the question for Texas. Now this question was generated after reading a post by another member who found ponds on Google Earth and fishes them. I know of some sweet looking ponds in my area but I don't want to jeapordize my privaledge to hunt and fish in Texas so I don't. Quote
Super User Paul Roberts Posted March 24, 2008 Super User Posted March 24, 2008 Get in the habit of asking. I often find landowners very willing to allow access, and since so few people ask, that posted sign works in your favor. Quote
Super User Raul Posted March 24, 2008 Super User Posted March 24, 2008 It 's pretty simple unless you can run faster than a bullet, you located a pond, you contact and ask the owner for permission to fish it. In the worst case scenario the owner won 't give you permission and that 's it, the pond is off limits. Quote
ba7ss3in Posted March 24, 2008 Posted March 24, 2008 Please ask, don't get shot over some fish. Some people just don't want you on their property. Remember the classic on the Louisiana Delta where people were shot at. Quote
fishizzle Posted March 24, 2008 Posted March 24, 2008 I think it was Shaw Grigsby that was shot at by some Hillbilly with a shotgun because he was fishing in his front yard Quote
Del from philly Posted March 24, 2008 Posted March 24, 2008 of course the statute of limitations has been up.... But over here in philly, if you werent "creative", you probably wouldnt fish too often.... ANSWER: SOMETIMES Quote
Super User MALTESE FALCON Posted March 24, 2008 Super User Posted March 24, 2008 Never, in my opinion, the owner put the fence up for a reason. Falcon Quote
Popeye Posted March 24, 2008 Posted March 24, 2008 I did that years ago when I was a kid and happened upon a farm pond that was secluded and I KNEW there were big fish in there for ME to catch. I just couldn't stand it and would hop a fence or even 2 to get at that prime body of water. Would I do it now?? NO WAY. I would seek out and ask permission first. Never did get "run out of or off of" anyone's land way back then. Lucky I guess:o) Quote
Del from philly Posted March 24, 2008 Posted March 24, 2008 when we were yougner they had a boat that went around and looked for illegal fisherman... should of seen all of us scurrying through the woods, getting stuck going back over the fences, ducking behind trees, and losing our fishing rods in the madness...... good times : ) Quote
Super User Maxximus Redneckus Posted March 25, 2008 Super User Posted March 25, 2008 Around here if u hop a fence u better be lightfooted cause if u see a big black tank coming ur way its a black angus and they aint too nice on the other hand if its rust and white ur safe just a herford .Then of course u gota deal with irate landowners IF they dont know ya .im pretty lucky were i fish if i dont have permission usally if im goin over a fence THEY most likly know my dad or grandpa from long ago so im safe no close calls for me 8-) Quote
Super User Bassn Blvd Posted March 25, 2008 Super User Posted March 25, 2008 As a kid,until 17, I did it all the time. I don't do it anymore though. Unless it's County or State property. But yes, I know it's wrong and you shouldn't do it. Sometimes trespassing is a misdemeanor and other times it could be a felony. I'm not suggesting you break the law but if you do, then know the law before hand. And I would not recommend shooting someone for fishing while trespassing unless you can clearly convince 12 people you or someone else's life was in immediate danger of being killed or seriously injured by the offender. You can however be detained by the owner or his designee with reasonable force until the authorities arrive. Quote
Super User fourbizz Posted March 25, 2008 Super User Posted March 25, 2008 My family used to own 1400 acres in colorado with a ton of fishable water. Rivers, canals, ponds, afterbays. If anyone asked, which was seldom, we gave them permission to fish whenever they pleased. The many, many people that didnt ask permission trashed the place, killed buckets full of fish. I threw people off bodily and called the sheriff plenty of times. I loathe trespassers. How hard is it to ask? Seriously. I fish a bunch of private ponds out here. Show a little respect and ask. I have never been turned down. If I were, so be it, there is plenty of water out there and ponds dont have really big fish anyway. Soapbox OVER! Quote
Terry_ Posted March 25, 2008 Posted March 25, 2008 Ask yourself this: If you had a nice fenced backyard with a swimming pool and you came home only to find people you have never seen before going for a little swim how would you react? Most people have worked hard for what they own and would not want anyone taking advantage without their permission. Don't jump fences, it ain't right! Quote
bassnleo Posted March 25, 2008 Posted March 25, 2008 My family used to own 1400 acres in colorado with a ton of fishable water. Rivers, canals, ponds, afterbays. If anyone asked, which was seldom, we gave them permission to fish whenever they pleased. The many, many people that didnt ask permission trashed the place, killed buckets full of fish. I threw people off bodily and called the sheriff plenty of times. I loathe trespassers. How hard is it to ask? Seriously. I fish a bunch of private ponds out here. Show a little respect and ask. I have never been turned down. If I were, so be it, there is plenty of water out there and ponds dont have really big fish anyway. Soapbox OVER! AMEN bizz...........My family owns a tract of land here in NW PA. We / I really don't use it for anything other than a little hunting. Anyone that has the decency to ask permission we allow to hunt. Rest of the trespassing bozos get the boot. ASK PERMISSION! Quote
GobbleDog Posted March 25, 2008 Posted March 25, 2008 It's usually easier to get forgiveness than permission. Back in the day before I had a bass boat, me and my fishing partner would strap a canoe to the roof every weekend and head out to any little pond that we'd seen that week. I got kicked out of a couple lakes, but most of the time we rarely had any problems. Good times. Quote
Kevenater Posted March 25, 2008 Posted March 25, 2008 Don't bother asking permission here in Alabama, even if you know the owner, or even a family member, rarely will anybody let you fish here from my experience in the last 10 years or so....it's sad, but people who don't respect property and leave trash etc have ruined it here for most of us who do. Alabama state law, all land is posted. No signs necessary. Back in the day(teen years) we'd ride the roads during the day and hit what we found that night!!! Caught alot of nice bass doing that lol. I don't do it now but man I miss those days!!!!!!! I have a small pond now next to my house. I don't let anybody but family and friends fish it. I NEVER thought I'd be one of them aholes lol. Guess it's different when it's your own......Sad but true! Sometimes I still spot a big pond and think....I should sneak in that thing........but i don't. Oh, we did ask alot of the time and usually got a no, we would DEFINATELY go back that night then!!! Especially if they were mean about it. Quote
tyrius. Posted March 25, 2008 Posted March 25, 2008 It's usually easier to get forgiveness than permission. It's more difficult to get forgiveness when you only get one phone call after being arrested for trespassing. In this case, permission is MUCH easier to get. Quote
Super User Wayne P. Posted March 25, 2008 Super User Posted March 25, 2008 Two words cover this topic pretty well: Trespassing-being on someone else's property without permission Poaching- being on someone else's property without permission taking or attempting to take fish or game Quote
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