# That there Creek



## jnkgal (Apr 12, 2013)

I have a question. Have a creek behind the house now. Wanted to fish in this creek. its right behind the property the house is on so who owns the creek? Is it property of the state or core of engineers? It is wet lands and it floods. It is within city limits and a farmer has staked claim on it. He has placed several deer tree stands on the creek side in trees adjacent to the creek. It is not legal to hunt being in city limits therefore they are claiming they don't hunt they use for a look out all of them. They are also staking claim that no one is allowed to fish in this creek exp where their tree stands are. 

who owns the right of way to the waterways creeks lakes rivers?


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## painterswife (Jun 7, 2004)

Where are the property lines? If it is not on your property then you are tresspassing. Who ever owns the land has use of the waterway wirhin the bounds of local laws.


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## Darren (May 10, 2002)

Which state do you live in? That might affect the situation. Since you're in the city, there may be additional concerns.


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## mmoetc (Oct 9, 2012)

Different states have different laws. Most allow anyone to float a boat down any navigable waterway regardless of ownership. Some allow access to anything below the average high water mark though that access is granted only from the water and walking across private land to gain such access is still trespassing. Find out the laws for your area. Call your local DNR office and ask. They'll be able to tell you far more than we. Let us know where you're at at what you find out and we'll all know more.


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## Belfrybat (Feb 21, 2003)

I gather you live somewhere on earth. That's a pretty big place, so how could you expect us to know the answers to those questions? And yes, I'm being snarky. 

I suggest you go to your local courthouse or city hall to find the answers to those questions. In some states, the state owns all waterways, even creeks. In others the property owners own to the half way point. If you haven't had your land surveyed, now would be a good time.


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## Declan (Jan 18, 2015)

In my state the bed of a waterway technically belongs to the states but the shoreline belongs to whomever own it. In other words, if the shoreline is posted, you have to stay in the waterway. I understand some states create a right of way along the banks, but mine does not.


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## FarmerKat (Jul 3, 2014)

Check with your zoning department - they will have access to property maps and know the regulations in our county/city/state.

We have a property that is bordered by a river. In our case, the property line goes down the middle of the river and we "technically" own the land under the river on our half. But anyone floating down the river is not trespassing as the river is public. We own the shoreline on our side and anyone walking to the river through our land is trespassing unless we give permission. Anyone floating down the river, stopping and getting out on our side of the river would also be trespassing once they get on land.


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## beowoulf90 (Jan 13, 2004)

jnkgal said:


> I have a question. Have a creek behind the house now. Wanted to fish in this creek. its right behind the property the house is on so who owns the creek? Is it property of the state or core of engineers? It is wet lands and it floods. It is within city limits and a farmer has staked claim on it. He has placed several deer tree stands on the creek side in trees adjacent to the creek. It is not legal to hunt being in city limits therefore they are claiming they don't hunt they use for a look out all of them. They are also staking claim that no one is allowed to fish in this creek exp where their tree stands are.
> 
> who owns the right of way to the waterways creeks lakes rivers?



This will depend on the State.
Here in PA I may own the property, but I don't own the waterway that flows through my property. I can post the land, but can't stop anyone from floating down the creek or obstruct the creek in anyway without approval from the State and its many alphabet agencies.


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## Elevenpoint (Nov 17, 2009)

In Missouri there is a state supreme court ruling. You have a right to the waterway for fishing..canoeing etc. This includes gravel bars up to the high water mark but that is a grey area. A few years ago a landowner shot and killed a man on a gravel bar where they stopped while canoeing. I have never had a problem wading and fishing creeks that run through private property in nearly 40 years. However I doubt an encounter with an armed landowner would be an appropriate time to discuss case law.


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