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luguando
06-21-2002, 02:30 PM
Do any of you out there know about Washington State's rules on private property? A friend of mine just purchased a piece of property on one of the local rivers and wanted to know what the laws are on public access vs. private property. He's had people walk on to his property and fish. This portion of his property is elevated about 6 feet above the river. There's rip rap placed from this spot down to the water. He wants to maintain some element of privacy at his new home but doesn't want to be an a****** either. Anyone know the rules? Thanks!

Slacker
06-21-2002, 02:37 PM
I believe they can be in the water and up to the high water mark on shore, but not up on his land.
I have a friend also owns land and that is what he has told me.

Hear say at best, so I could be wrong.

husker
06-21-2002, 02:42 PM
tresspassing is what happened if they didnt get permission to cross his land......

no landowner has to allow people to use his property as a highway

i believe fed law says high water mark is part of the river....

RipDatLip
06-21-2002, 03:50 PM
They can definitely walk in the river or up to the high water mark if it is a navitable river.

I also believe that if there is a land block (e.g. cliff) then they have the right to cross on property. I read this somewhere, but don't remember where. Anyone?

Matt

TheRogue
06-21-2002, 05:54 PM
Generally speaking, in Washington, the DNR claims darn near every trickle of water as a navigable body. So, generally speaking, as long as you stay below the mean high water mark, you're OK.

Now, if you start mixing in man-made works such as rip-rap, docks, etc, it's a new ball game. There's nothing completely definitive that I've found one way or another. But, common sense would seem to dictate that since something manmade is blocking access down the bank of a "navigable stream", a person SHOULD be allowed to work their way around it.

Of course, since when did common sense have anything to do with the law, especially land laws??

kyle

luguando
06-24-2002, 08:22 AM
Thanks for your input. Anyone know where the laws/regulations are found regarding this topic?

BUGLEMAN
06-24-2002, 11:43 AM
Do a search on ifish for navigable and navigability. You will find alot of info and links.

Troller
06-25-2002, 12:27 AM
I dont know the law in washington but can speak on the side of the landowner . Having property on the green river near palmer. been in the family my grandfather moved their in the mid 30's. We would allways let someone who asked come thru. But some people think the own the world just come trampling thru not a word or even a wave they would usually get ran back in the direction they came from. When I was living their I came home once to a couple that were not only having their picnic lunch under the tree in the front yard but had parked their car in the yard on the grass. I guess when you live in the city are yard may have looked like a park welcome to anyone some people really have a lot of nerve. It was even worse in the summer when it got hot out not bad enough that they would be trespassing but leave their beer cans in the yard in the river on what ever rock they would be standing on. I cant remember once having a problem with someone that would ask permission. If someone is curtious enough to ask they seemed to be curtious enough to clean up after themselfs. It is posted no trespassing now a few people ruining for everyone.