So there's a pond in Sharon mass that has basically been off limits for like 7yrs since these new people moved in. I used to fish this pond all the time until the owner came out, said they bought the house and the pond is there's and no one is allowed to fish it. Sounds like bs to me, so any ideas on how I can find out if this body of water is private or not?
There was an article in the Worcester Telegram & Gazette not too long ago that told the story of the BSA(boy scouts) posting signage ALL OVER Browning Pond in Spencer....no fishing,no hiking...ect...claiming ECOLOGICAL RESPONSIBILITY for the pond---in short---LIES...ALL LIES...So---I went up there just to dis-spell any debate...and YUP SIGNS EVERYWHERE...so we ALL broke out or gear and FISHED IT from shore and I was ACTUALLY hoping to have a face to face with ANYONE leading that organization to ask where the legal precedent was for such a thing so I could call them LIARS to BOTH FACES...ya can't just make up you own laws guys...according to my aunts and uncles who've lived in Spencer for MANY years(for almost 50 years in some cases)---they said it was GARBAGE from the GET GO...and it hit their little townie newspaper a LONG BEFORE it hit the T&G...
---to get to your part of the discussion...somewhere around the time of those articles it was discussed in a thread here on MAFF and one of our fine anglers here presented a VERY CONVINCING CASE that there is NO SUCH THING as "owning water"...contained within that 'thread' is a link-description of an ancient maritime law that STILL APPLIES to this very day---think about it...how can ANYONE 'OWN' a piece of the natural world like that???IN THAT CASE I GOT DIBS ON THE QUABBIN...and don't let me see ANY of the rest of ya fishin' there...hahahahaaaaa
---if 'you' can access publicly in ANY WAY...it's FAIR GAME...just don't throw 'your' lures on any docks and it should be ALL GOOD...you guys can tell me if you think I'm wrong but I believe if 'you' own land that meets AQUA you have the right to private access and can prevent the outside world from that access...but that's where 'your' rights END...in theory 'I' should be able cruise right up to the waterline and CAST A LINE
---to get to your part of the discussion...somewhere around the time of those articles it was discussed in a thread here on MAFF and one of our fine anglers here presented a VERY CONVINCING CASE that there is NO SUCH THING as "owning water"...contained within that 'thread' is a link-description of an ancient maritime law that STILL APPLIES to this very day---think about it...how can ANYONE 'OWN' a piece of the natural world like that???IN THAT CASE I GOT DIBS ON THE QUABBIN...and don't let me see ANY of the rest of ya fishin' there...hahahahaaaaa
---if 'you' can access publicly in ANY WAY...it's FAIR GAME...just don't throw 'your' lures on any docks and it should be ALL GOOD...you guys can tell me if you think I'm wrong but I believe if 'you' own land that meets AQUA you have the right to private access and can prevent the outside world from that access...but that's where 'your' rights END...in theory 'I' should be able cruise right up to the waterline and CAST A LINE
I think it was Blackstone that you're referring to. I'm pretty sure the only way they can own the pond is if they owned ALL the land surrounding the pond. If you can get on the water without trespassing than they can't say anything. Unless they own everything, their rights end at the water line
I think it was Blackstone that you're referring to. I'm pretty sure the only way they can own the pond is if they owned ALL the land surrounding the pond. If you can get on the water without trespassing than they can't say anything. Unless they own everything, their rights end at the water line
GOOD CALL Shawno! I believe it was 'Blackstone' thanks man
Willett Pond in Walpole is "private". It is owned by the Neponset Valley Watershed Association but is completely surrounded by private properties. I emailed the NVWA and asked if there was any public access and they said "no", not unless I was able to get one of the abutters to allow me access from their property.
So yes, bodies of water can be owned, owners may or may not be an abutter to the body of water. Therefore, before fishing any pond, you need to verify that you are allowed to fish there and then you must determine if there is public access or if you must request permission from an abutter.
To respond to Stratos (whose fishing skills I admire greatly), just because it's public doesn't mean that it's legally fishable. Think about all of the public water supplies/reservoirs that are posted "no fishing".
So yes, bodies of water can be owned, owners may or may not be an abutter to the body of water. Therefore, before fishing any pond, you need to verify that you are allowed to fish there and then you must determine if there is public access or if you must request permission from an abutter.
To respond to Stratos (whose fishing skills I admire greatly), just because it's public doesn't mean that it's legally fishable. Think about all of the public water supplies/reservoirs that are posted "no fishing".
I jut went through somthing similar at robbins pond in East Bridgewater.Someone posted private property signs on the island.Im going to call the tax office and see if somoe bought. It.
There is a guy that goes out there all the time and I think he is trying to make it his own little private resort! Pretty sure that you will find that the land is public. The E.P. are stationed right up the street at Burrage, they may be interested in checking it out.
.
To respond to Stratos (whose fishing skills I admire greatly), just because it's public doesn't mean that it's legally fishable. Think about all of the public water supplies/reservoirs that are posted "no fishing".
You are correct. I should have included a sentence about land being "posted".
I believe I am the fine angler riverrat referred to. lol
The articles apply to "great ponds" I dont know what pond in Sharon you're talking about but I dont think its a great pond.
some good info here .......
http://www.mass.gov/dep/water/resources/about01.htm
http://www.mass.gov/dep/water/resources/grtpond.htm
The articles apply to "great ponds" I dont know what pond in Sharon you're talking about but I dont think its a great pond.
some good info here .......
http://www.mass.gov/dep/water/resources/about01.htm
http://www.mass.gov/dep/water/resources/grtpond.htm
I had a confrontation with a guy and wife on cobbossee in Maine a few years ago.
1 1/2 mile wide 9 miles long and they said i couldn't fish anywhere in front of their house.
Well i pretty much laughed and caught fish and released in front of their faces. They had a video camera out and in the middle of arguing the guy told his wife to go get the gun. That kinda pissed me off!
I merely said if you shoot make it a good one because i'm going to come in there and kick his ass if he misses!!!
LMAO!
It's funny now 4 years later. But i understand respect of property owners and they had no dock,no boat and i was like 50-75' off shore just passing by.
1 1/2 mile wide 9 miles long and they said i couldn't fish anywhere in front of their house.
Well i pretty much laughed and caught fish and released in front of their faces. They had a video camera out and in the middle of arguing the guy told his wife to go get the gun. That kinda pissed me off!
I merely said if you shoot make it a good one because i'm going to come in there and kick his ass if he misses!!!
LMAO!
It's funny now 4 years later. But i understand respect of property owners and they had no dock,no boat and i was like 50-75' off shore just passing by.
I believe I am the fine angler riverrat referred to. lol
The articles apply to "great ponds" I dont know what pond in Sharon you're talking about but I dont think its a great pond.
some good info here .......
http://www.mass.gov/dep/water/resources/about01.htm
http://www.mass.gov/dep/water/resources/grtpond.htm
It is if it is over 10 acres in it's natural state, meaning before dams, dredging etc
To be honest you will find it very rare that someone actually owns any pond unless it is on their land, not just bordering their land. For instance if I own a parcel of land that has a 2 acre pond on it then it is my pond..if I own a parcel of land that has shoreline on a lake but does not encompass the lake it isn't my lake..and of course as shown above if it is over 10 acres naturally then I cannot own it.
Also just because a lake is surrounded by private property does not mean I cannot legally cross said property to access a lake if no other "public" access is provided...I can not trespass or hang out or nuisance the property but cutting across to launch a canoe would be legal if not public access was given and the lake is over 10 acres in its natural state. The land all around a lake can be owned but, the public owns fishing and fowling rights to the lake.
That being said if it is over 10 acres a 10 person petition is all that is required to start the workings to add public access according to section 18a of chapter 91...
Upon petition of ten citizens of the commonwealth that in their opinion public necessity requires a right of way for public access to any great pond within the commonwealth, the department and the attorney general or a representative designated by him sitting jointly shall hold a public hearing and receive such evidence thereon as may be presented to them. The joint board may make such additional investigation as it deems desirable and if it appears to said board that such a right of way exists it shall present a petition to the land court for registration of the easement. If it appears that no right of way exists it shall submit a report, together with recommendations thereon, to the general court on or before January first of the following year. This section shall not apply to any body of water used as a source of water supply by the commonwealth or by any town or district, or water company, nor shall it affect the right of the commonwealth or any town or district or water company to the use and control of the waters of any such pond for the purposes of a water supply, nor shall it affect or diminish any existing right to the use of the water of any such pond for mercantile or manufacturing purposes.
I'd sign it if it is indeed of the right size...
