Its all about the legallilities

[MD Dog]

It's all about the legallilities

So I'm watching a video about a guy who hunts rivers and fresh water lakes somewhere in NW. And he relates the story of being confronted by a hostile native who flat out says "I think you guys (meaning people with metal detectors ) are all despicable characters. Your a bunch of thieves as far as I'm concerned"

So not wanting a confrontation that might turn ugly the MDer simply moves on. But My question is how far out into the water do a property owners rights extend ? Can you hunt right up to their beach at high tide ? If that is the legal definition, then what would good etiquette dictate ? How close do you come to trespass ?

 

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[Ascholten]

Re: It's all about the legallilities

Mean high and mean low tide is the area you can hunt ... in florida at least and have it considered beach hunting. Going any further and you could be encroaching on his property. Either way if you want a really official answer, you can look up his address / tax records on line and find out exactly how big his lot really is, and find out exactly where his property ends at. Then, as long as there are not any other restrictions, ie state sanctions, national parks etc etc on the property, Id think you can hunt where you wish... it's not his property anymore it's public...just please don't leave a bunch of holes or otherwise a mess to give the little bitch something valid to complain about.

I had a similar experience with fishing. person owns land on the river, tells me I cant take my boat past 'his' house because it's 'his' property.... the river that is...In not talking a little finger rivulet, im talking 40 feet wide ... I said, Umm you own the property not the river, and he got more abusive... at that point afterwards.. I wasn't too polite, told him to eat my Q@#% and dropped my drawers to show him the spot to start at. Childish... yep, but I don't care, I tire of these people telling me where and where I can't hunt, can can't fish, even can can't take my boat.. when it clearly is not their property, job, or jurisdiction.

Ended up I called FWC on my marine radio, an officer showed up and I asked him, and he basically said the same thing, the river belongs to the people, but if I were to get out of my boat and step foot on his land, then yep, I could be arrested for trespassing. He also said something to the tune of, now there are some grey areas, like if a river passes say through 1000 acres of someones private property, and you are smack in the middle of that property say in a small creek running through that property, then it's really pushing it, and in some instances might be considered private property, it would basically at point in a court battle boil down to, what is that specific spot of land called, marsh, creek, river, estuary etc, determining if it was 'land' or 'water' .. whatever..... but the area I am at, is general river, leading to a marked public boat way .. and is fair game for all.

The best advice I can give is, check local laws first to make sure you even can be on the beach detecting, and at that point, id stick with mean high and mean low tide, and if confronted, be polite but don't let them bully you.

Another tactic if someone gets that way is to say, well you know what, I cut my foot the other day stepping on a piece of glass on the sand. You say this is your property, then that means you were negligent keeping it clean, I better get a lawyer and sue you then, and make it MY property, .. happens all the time, you see it on the news all the time, people suing for that kind of stuff and winning.... lets see if he sticks to his guns then about it being 'his' property then.

Normally I am very polite to everyone I see detecting, even other detectorists, but there are some folks out there who are there just to be a holes and them, I have no tolerance for. They get one shot at polite, if they don't want polite, then they get the real me.. and they won't like that much more either.

Aaron

 

[MD Dog]

Re: It's all about the legallilities

Damn Aaron if you tell me your adopted, then I may be your long lost twin buddy !

 

[jeff of pa]

Re: It's all about the legallilities

Another tactic if someone gets that way is to say, well you know what, I cut my foot the other day stepping on a piece of glass on the sand. You say this is your property, then that means you were negligent keeping it clean, I better get a lawyer and sue you then, and make it MY property, .. happens all the time, you see it on the news all the time, people suing for that kind of stuff and winning.... lets see if he sticks to his guns then about it being 'his' property then.



Aaron

Perfect Comeback !

 

[ivan salis]

Re: It's all about the legallilities

lifes short --- so is my a hole tolerance level -- I don't need your bad additude -- cuz I got one of my very own--- wanna see it? -- if your a "screamer" or in my face "bully jerk type" -- thenyou too can get to meet the "dark side" of me -- which frankly I don't advise ---since its is a part of me even I don't care for -- so lets all play nice and be polite to one another --- or not --- Ivan

 

[indyflyer]

Re: It's all about the legallilities

Here in the People's Republic of Orygun, there have been disputes about who owns the rivers for several years. Confrontations have occurred between landowners and rafters/kayakers about 'trespassing' while floating down stream. The state law says navigable waters are owned by the public, but so far the legislature won't define 'navigable' due to political tensions. So, on some rivers it pays to be cautious by checking the local sentiments about water trespassing. An armed land owner is best avoided.

 

[bill17042]

Re: It's all about the legallilities

same here " one shot at polite "
but beware of droppin' the shorts..indecent exposure