# Private Property Question



## Death_From_Above (Jul 29, 2004)

There is a lake in the middle of 2000 PRIVATE acres. This Lake has a creek that runs out of the lake and into a very public lake, is it against the law to walk or paddle up the creek and fish in the private lake?

Now, let's say the PRIVATE land is a game farm. It has a fence all the way around it. There is a fence over top of the creek preventing access. Is this legal? Could a person swim under the fence, continue to walk up the creek and get to the Lake to fish?

I have no incling to do this, but have always wondered if they could prevent you from fishing in the lake, since you can't truly own the lake.

Boer thanks for your input on this one.


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## answerguy8 (Oct 15, 2001)

They certainly can "truly own the lake".


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## outsider (Feb 16, 2002)

Oh Yeah its private :sad: 
OUTSIDER


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## boehr (Jan 31, 2000)

All depends on the navigability of the stream and lake. If its not navigable then you can not. A court is the only authority to make a ruling on navigability if a ruling hasn't already been made.


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## woodsrat (Jan 4, 2005)

Death_From_Above said:


> There is a lake in the middle of 2000 PRIVATE acres. This Lake has a creek that runs out of the lake and into a very public lake, is it against the law to walk or paddle up the creek and fish in the private lake?
> 
> Now, let's say the PRIVATE land is a game farm. It has a fence all the way around it. There is a fence over top of the creek preventing access. Is this legal? Could a person swim under the fence, continue to walk up the creek and get to the Lake to fish?
> 
> ...


Are you talking about Legends Ranch in Newaygo County or Sanctuary in Mecosta County? If you are referring to Legends Ranch here in Newaygo County I can tell you that there have been successful prosecutions of trespassers who tried to use the very method you described. The streams entering the property are not navigable waterways. I would not advise doing this. I don't know much about Sanctuary, but they have prosecuted some trespassers there too I believe. As you know, the Ice Mountain water plant in Stanwood has tapped into an aquafer on the property and protesters have done damage on the Sanctuary property. I would also not recommend entering this property by the method you describe.


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## dongiese (Jun 10, 2002)

But you could say chopper in and fish all you want. the lake bottom and shore are private, but not the water. But when you leave the chopper better pick you up. there was a court case about this a bunch of yrs ago.

I had a discusion about this in an outdoor class in high school and the class instructor was a director of the MUCC, and a CO agreed with him.


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## boehr (Jan 31, 2000)

No, a chopper would not fall under legal access for that particular situation. Why? Same rational as hunting and trapping are rights of riparians. ONLY fishing and boating on navigable waters are public rights, choppers are NOT one of those public rights.


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## Death_From_Above (Jul 29, 2004)

I didn't ask the question because I planned on doing it, I asked it because I was curious. Going out and looking for trouble really isn't my thing! I have wet a rod up to the point of access and have had many conversations about this with my fishing buddy. Just wanted to clear up the point that I do not plan on getting prosecuted for ANYTHING! Thanks to all who replied.


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## answerguy8 (Oct 15, 2001)

Death_From_Above said:


> I didn't ask the question because I planned on doing it, I asked it because I was curious. Going out and looking for trouble really isn't my thing! I have wet a rod up to the point of access and have had many conversations about this with my fishing buddy. Just wanted to clear up the point that I do not plan on getting prosecuted for ANYTHING! Thanks to all who replied.


Not to worry. I think you made it clear in your first post that this was a curiosity thing, nothing more.


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## boehr (Jan 31, 2000)

I took it as just a curiousity question, no problem.


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## wrenchman (Jun 23, 2003)

this post made me think what makes a waterway navigabil is there any thing that determines the legal end of it that is spelled out clearly.
Sure we all no the detroit river is but why is it and not another smaller river or streem


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## boehr (Jan 31, 2000)

Spelled out clearly? No, but this is the best reference I can provide.

http://www.michigan.gov/documents/publicrights_22525_7.htm


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## hitechman (Feb 25, 2002)

More than you would ever want to know about this topic--covered in detail here as well as list of lakes and streams considered to be navagable.

Public Rights on Michigan Waters 

Steve


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