Page 1 of 2 1 2 LastLast
Results 1 to 12 of 21
  1. #1
    Join Date
    Apr 2008
    Location
    NYC
    Posts
    29
    Thanks Thanks Given 
    0
    Thanks Thanks Received 
    0
    Thanked in
    0 Posts
    Chats
    0
    Groans
    0
    Groaned 0 Times in 0 Posts


    Wading Rights: Neversink

    I know the land below the Neversink Gorge is private but is the riverbed? That is -- if I were to hike out of the Gorge either wading or staying inside the high-water mark would I be trespassing or is the riverbed public?

    Not that I'll be fishing the 'Sink any time soon since it's a worthless, sterile stream.

    Similar Threads:

  2. #2
    Join Date
    May 2004
    Posts
    949
    Thanks Thanks Given 
    37
    Thanks Thanks Received 
    98
    Thanked in
    79 Posts
    Chats
    2
    Groans
    0
    Groaned 3 Times in 3 Posts


    Re: Wading Rights: Neversink

    Here we go with the old trespassing question. You can go wherever you want. Don't worry about anything.

    Seriously though, for the most part if you stay below the high water mark and gained access and egress legally, you should be OK. In some cases/states, you cannot touch the riverbed but can float through. In reality though, it really has mostly to do with the relationship of local law enforcement, the land owner, and the recreational community.

    Be nice, apologize if you make a mistake and get caught, or be ready to pay a fine or fight to the supreme court.


  3. #3
    Join Date
    Dec 2011
    Location
    1060 West Addison, Chicago....
    Posts
    4,578
    Thanks Thanks Given 
    2,261
    Thanks Thanks Received 
    1,091
    Thanked in
    729 Posts
    Chats
    4729
    Groans
    30
    Groaned 12 Times in 12 Posts


    Re: Wading Rights: Neversink

    What are the laws in N.J. I have a stream I want to fish..it is posted where I want to fish, but I can walk the riverbed to the spots using legal access....is this a high water mark state, or is it trespassing? I will not trespass to fish!!!!


  4. #4
    Join Date
    May 2004
    Posts
    949
    Thanks Thanks Given 
    37
    Thanks Thanks Received 
    98
    Thanked in
    79 Posts
    Chats
    2
    Groans
    0
    Groaned 3 Times in 3 Posts


    Re: Wading Rights: Neversink

    NJ is a home-rule state. If the cops in the area you want to fish are cozy with the land owners, then you're in trouble no matter the law. Try it out on the Upper North Branch Raritan if you like.


  5. The Following User Says Thank You to tompg For This Useful Post:

    lightenup (04-03-2012)

  6. #5
    Join Date
    Dec 2011
    Location
    1060 West Addison, Chicago....
    Posts
    4,578
    Thanks Thanks Given 
    2,261
    Thanks Thanks Received 
    1,091
    Thanked in
    729 Posts
    Chats
    4729
    Groans
    30
    Groaned 12 Times in 12 Posts


    Re: Wading Rights: Neversink

    Quote Originally Posted by tompg View Post
    NJ is a home-rule state. If the cops in the area you want to fish are cozy with the land owners, then you're in trouble no matter the law. Try it out on the Upper North Branch Raritan if you like.
    Sounds typical for NJ...also sounds like a set-up. I will not be trying your suggestion...Thanks for the info.


  7. #6
    Join Date
    Jan 2008
    Location
    Flanders, NJ
    Posts
    6,472
    Thanks Thanks Given 
    2,332
    Thanks Thanks Received 
    1,636
    Thanked in
    1,041 Posts
    Chats
    2076
    Groans
    6
    Groaned 27 Times in 26 Posts


    Re: Wading Rights: Neversink

    Quote Originally Posted by lightenup View Post
    What are the laws in N.J. I have a stream I want to fish..it is posted where I want to fish, but I can walk the riverbed to the spots using legal access....is this a high water mark state, or is it trespassing? I will not trespass to fish!!!!
    NJ practices old English Commonlaw in this area. The landowner owns the stream bed, hence you cannot trespass even below the high water line. Posted or not. I find most landowners allow trespassing for fishing if you ask nicely. Especially if you're a C&R angler.

    A sinking fly is closer to Hell - ​Unknown

  8. The Following User Says Thank You to Rusty Spinner For This Useful Post:

    lightenup (04-03-2012)

  9. #7
    Join Date
    Apr 2008
    Location
    NYC
    Posts
    29
    Thanks Thanks Given 
    0
    Thanks Thanks Received 
    0
    Thanked in
    0 Posts
    Chats
    0
    Groans
    0
    Groaned 0 Times in 0 Posts


    Re: Wading Rights: Neversink

    Thanks for the advise.

    Quote Originally Posted by tompg View Post
    Here we go with the old trespassing question. You can go wherever you want. Don't worry about anything.

    Seriously though, for the most part if you stay below the high water mark and gained access and egress legally, you should be OK. In some cases/states, you cannot touch the riverbed but can float through. In reality though, it really has mostly to do with the relationship of local law enforcement, the land owner, and the recreational community.

    Be nice, apologize if you make a mistake and get caught, or be ready to pay a fine or fight to the supreme court.



  10. #8
    Join Date
    Dec 2002
    Location
    Unadilla, New York
    Posts
    5,249
    Thanks Thanks Given 
    2
    Thanks Thanks Received 
    699
    Thanked in
    498 Posts
    Chats
    729
    Groans
    2
    Groaned 24 Times in 22 Posts


    Re: Wading Rights: Neversink

    Quote Originally Posted by ahlandco View Post
    I know the land below the Neversink Gorge is private but is the riverbed? That is -- if I were to hike out of the Gorge either wading or staying inside the high-water mark would I be trespassing or is the riverbed public?
    In NY, the river bed is owned by the land owner.

    But the state has acquired some limited access:
    http://www.dec.ny.gov/docs/fish_mari...rneversink.pdf

    John
    Some circumstantial evidence is very strong, as when you find a trout in the milk.--Henry David Thoreau

  11. The Following 2 Users Say Thank You to Future Fanatic For This Useful Post:

    Joe D (04-03-2012), McRiffle (04-03-2012)

  12. #9
    Join Date
    Jun 2009
    Location
    Barryville
    Posts
    2,330
    Thanks Thanks Given 
    2,004
    Thanks Thanks Received 
    824
    Thanked in
    490 Posts
    Chats
    217
    Groans
    7
    Groaned 9 Times in 8 Posts


    Re: Wading Rights: Neversink

    that is true oakland valley bridge just south of there the guy owns to the center of the river.... i called the dec biologist about it after the jackass chased me out of there

    TF

  13. #10
    LyNcH's Avatar
    LyNcH is offline Dries, wets, nymphs and streamers...it's all good!
    Join Date
    Aug 2008
    Location
    Duanesburg, NY
    Posts
    1,103
    Blog Entries
    1
    Thanks Thanks Given 
    162
    Thanks Thanks Received 
    433
    Thanked in
    248 Posts
    Chats
    344
    Groans
    2
    Groaned 9 Times in 9 Posts


    Re: Wading Rights: Neversink

    In NY, the riverbed is only owned by the owner if they own the banks/land on both sides of the creek. If they only own one side, you can wade and fish the water, but you must get there legally without trespassing.


  14. #11
    Join Date
    Dec 2002
    Location
    Unadilla, New York
    Posts
    5,249
    Thanks Thanks Given 
    2
    Thanks Thanks Received 
    699
    Thanked in
    498 Posts
    Chats
    729
    Groans
    2
    Groaned 24 Times in 22 Posts


    Re: Wading Rights: Neversink

    Quote Originally Posted by LyNcH View Post
    In NY, the riverbed is only owned by the owner if they own the banks/land on both sides of the creek. If they only own one side, you can wade and fish the water, but you must get there legally without trespassing.
    Can you explain how that makes sense or point me to a law that explains this?

    John
    Some circumstantial evidence is very strong, as when you find a trout in the milk.--Henry David Thoreau

  15. #12
    Join Date
    Sep 2008
    Location
    Brooklyn, NY
    Posts
    815
    Thanks Thanks Given 
    556
    Thanks Thanks Received 
    123
    Thanked in
    87 Posts
    Chats
    0
    Groans
    3
    Groaned 0 Times in 0 Posts


    Re: Wading Rights: Neversink

    Quote Originally Posted by LyNcH View Post
    In NY, the riverbed is only owned by the owner if they own the banks/land on both sides of the creek. If they only own one side, you can wade and fish the water, but you must get there legally without trespassing.
    This is partially true. Landowners adjoining a river own the riverbed in NYS - so if one owner owns both sides, they own the entire for the length of the river that spans their property. If a property owner has the land on both sides of the river, he owns the entire riverbed and an exclusive right to fish it. This means the owner can not only prevent you from wading in the river at all, he can also prevent you from fishing even from a boat. The owner cannot interfere with your right to float down the river.

    If the land on either side the river is owned by two different owners, they have shared ownership of the riverbed. So if one landowner wants to post their land, but the other owner allows access, then you have to stay on the side of the river where access is allowed.

    "The two best times to go fishing is when it's rainin' and when it ain't."--Patrick McManus.

    www.creekaddict.com

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Thread Participants: 10

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •