private property

[herefishy]

I just found out that the owner of the river front property where I have fished the last few years is not it's owner - it's the fella across the river, who sold it to my owner only from 10 feet above the water line on up. I suppose the fact that we have all fished from this land for years is not going to have a thing to do with whether or not I can ever again access this river. I guess the lawyers can fight it out now. Isn't there some law about if you use it for so many years without interference, it's yours?

[gonfishn]

Easement laws may apply. You would have to check your state laws.[best left to a lawyer}

[Marco]

Hey there herefishy ( nice name);
The law you are refering to is the law of " Adverse possession". It applies , in general" to an " obvious" use of a property such as the construction of a structure. The use must be obvious and constant not occasional such as in fishing " every once in a while".
There is also a time requirement and it varies with states.
Mark

------------------
I'd rather be in Wyoming!

[Jim Hatch]

In South Carolina, those properties below
the normal high water level of a river or
stream are state property and are considered
public property. While this does not give
you license to cross private properties, it
does open waters for fishing, camping and
other recreational usuage that might otherwise have been lost to us. Warm
regards, Jim

[herefishy]

Thanks for the info on adverse possession, there is a structure on the property - as a matter of fact, it is a campground, but none of the pertinent amenities is on the riverbank, more's the pity. If only this had been hashed out long ago. Unfortunately, this is New Mexico, and the property owner owns the ground under the river, though not the water or the fish.

[PETI]

Probably posted here before, but just in case
[url=http://www.nationalrivers.org/welcome.htm:f0f96]http://www.nationalrivers.org/welcome.htm[/url:f0f96]

a good read.

Peter

[Merak]

Thats an eye opening website. I'll be emailing that one to my buddies. I didn't know federal law applied to local rivers and streams.

[analogbob]

There is also a thing known as a "prescriptive easement" for the use of the public that could apply in your instance. It is often used to keep alleyways open to public use even though they are privately owned. Again, check with a lawyer. It will require research and possible testimony of the neighboring land owners.