Right to cross private lands

[aquarium234]

I know this was talked about but i cant find if in my search of the archives. Does anyone have a link or know which law applies for the right to cross private land on foot to public water ? Did the law change? Thankyou anyone who knows

[Gunflint]

VERY illegal (if the land is posted) in Minnesota.

[Seamonkey84]

Unless its changed, if it’s not posted you can cross “unimproved” lands.

[aquarium234]

I should mention specificly looking for maines regulations

[Gunflint]

The issue is criminal trespass. The public waters are irrelevant.

Here is the statute. The main provision is that you may not cross if the land is posted. You may if it is not.

http://www.mainelegislature.org/legis/statutes/17-a/title17-asec402.html

[walpy]

The issue is criminal trespass. The public waters are irrelevant.

Here is the statute. The main provision is that you may not cross if the land is posted. You may if it is not.

http://www.mainelegislature.org/legis/statutes/17-a/title17-asec402.html

 

[9huskies]

The issue is part of Maine's Great Pond Act.
http://www.mainelegislature.org/legis/statutes/17/title17sec3860.html
Inland ponds with a surface area oer 10 acres are public waters. A person on foot can cross unimproved land to gain access to do anything that is legal on the water. It does not apply to fishing from shore.

[piersm2]

VERY illegal (if the land is posted) in Minnesota.

My question is, if there is a home on the property, does it still need to be posted?

[Gunflint]

No person on foot shall be denied access or egress over unimproved land to a great pond

A home on the property would seem to indicate that the property is not "unimproved" but has been improved.

My question is, if there is a home on the property, does it still need to be posted?

One way to check is to cross and find out...

[9huskies]

My question is, if there is a home on the property, does it still need to be posted?

Building a home,  road or clearing farmland is improved land. Just because part of a property is improved land does not mean all of the property is improved. That means you can not walk down a driveway and across the yard to get to the lake but you can walk through the woods on the same lot even if the land is posted. If the land is not posted you are not likely to get in legal trouble for walking across someone's yard to get to the water but I would call it rude behavior even if it's a camp that is unoccupied for the winter.

[Boglake]

If the land is posted, you're trespassing, improved or otherwise.  Great pond law will not save you.

[9huskies]

"No person on foot shall be denied access or egress over unimproved land to a great pond except that this provision shall not apply to access or egress over the land of a water company or a water district when the water from the great pond is utilized as a source for public water."  "Whoever violates this section shall be punished by a fine of not more than $100 and by imprisonment for not more than 90 days."

My interpretation is crossing unimproved land to get to a great pond is legal whether the land is posted or not. Effectively, unimproved land can be posted for anything except access to a great pond. The only exception is access can be denied to a public water source.

[Seamonkey84]

The issue is part of Maine's Great Pond Act.
http://www.mainelegislature.org/legis/statutes/17/title17sec3860.html
Inland ponds with a surface area oer 10 acres are public waters. A person on foot can cross unimproved land to gain access to do anything that is legal on the water. It does not apply to fishing from shore.

How does that work, so you have to carry canoe/kayak/float tube to fish them during open water? Well I do remeber my friend telling me of a time he got kicked off a small “pond”, though the land wasn’t posted. He was respectful and left as would be required. However that pond or what ever was connected to somewhere with access through a small river/large stream. Him and his friend got their canoe, made their way up the waterway and into that pond. The landowner called, and when the warden asked how they access the spot and learned it was all through the waterway, he told the landowner they had the legal right to be there as long as they don’t step on their land.

[Boglake]

Right to exclude is first and foremost, case law has held it up repeatedly.  I think the intent of the great pond law is great, lets you gain access most of the time, but doesn't grant access across posted property just because someone doesn't feel like going the extra mile to the public launch.  The link to the law is incomplete without a full understanding of property rights.  But, hey, it's law, can always test it in court, it only costs $! 

[9huskies]

How does that work, so you have to carry canoe/kayak/float tube to fish them during open water?

Wear your waders and stand in the water.

[saltyshores]

"No person on foot shall be denied access or egress over unimproved land to a great pond except that this provision shall not apply to access or egress over the land of a water company or a water district when the water from the great pond is utilized as a source for public water."  "Whoever violates this section shall be punished by a fine of not more than $100 and by imprisonment for not more than 90 days."

My interpretation is crossing unimproved land to get to a great pond is legal whether the land is posted or not. Effectively, unimproved land can be posted for anything except access to a great pond. The only exception is access can be denied to a public water source.

I agree

[missoulafish]

This is an Interesting thread! Learned something new:)

[Seamonkey84]

Only if there’s no other public means of access. Then someone somwhere on the waterway needs to allow a defined access point.

[esox_xtm]

My question is, if there is a home on the property, does it still need to be posted?

I'd go knock on the door and introduce myself. It's been very rare I've been refused. The plus is both parties feel better about it because:

A.) Landowner knows what is going on and who is doing it and

B.) I don't have to worry about someone calling the cops/CO and I don't have a leg to stand on.

@seamonkey84: Here in WI if a body is locked by private land you're out of luck. If there's not inlet or outlet to navigate your only options are to risk a trespass ticket on the way in/out OR skydive in, stay in the water and catch your ticket on the way out. Don't know how that applies in Maine.

[Gunflint]

@seamonkey84: Here in WI if a body is locked by private land you're out of luck. If there's not inlet or outlet to navigate your only options are to risk a trespass ticket on the way in/out OR skydive in, stay in the water and catch your ticket on the way out. Don't know how that applies in Maine.

Ditto that for Minnesota. The water is public but the land is not public. If you have a float plane you can access water that is surrounded by private land, but walking is trespassing if it is posted.  Part of the reasoning is that we have far more than the 10,000 lakes we are famous for and people assume there must be some other water you can find. One interesting fact is that the Minnesota DNR will not stock a lake without a public access.

[missoulafish]

Same in MT.

[Moosekill]

Maine set up the Great Pond Law and that does some funny things with the private property laws.  With great ponds, which are Lakes, people don't own the Lake and basically can't completely keep people out.  This becomes a bit more important in the wilder parts of Maine, where timber companies or certain people (Quimbies) own all the land around these lakes.  If this law wasn't in place, they could post their land and turn them into private lakes for their own use.  So, they came up with this law.  If someone has a farm pond on their property, they can keep you from walking over their property to get to it.  They can't keep you from canoeing into it and fishing there. 

All that being said, the best thing is to be polite and respect others wishes.  If you piss enough people of they will work to change the laws.

[Gunflint]

If this law wasn't in place, they could post their land and turn them into private lakes for their own use.  So, they came up with this law. 

That is exactly the case in MN.
1. UNCOMMON: It is the dream of many to own the entire shoreline of a lake and make it their private lake.
2. COMMON: It is very common for a lake, even a larger lake, to be private because ALL of the shoreline is owned by private parties (there may be many private cabins). All that is needed is to know one of the owners for access.

[beast]

I can't say in your state, but in Wisconsin you know longer have to post private land for there to be a trespass charge. The one way you can cross through private property to a lake is there is a stream that you can wade but you must be able to keep your feet wet, you may cross fences, docks dams or any other obstructions in your path. same as lakes here the lake owner owns what is on his deed, if you waded a shore line  from a public access you could legally fish off someones dock as long as you didn't set foot on the deeded property.

[9huskies]

. One interesting fact is that the Minnesota DNR will not stock a lake without a public access.

Maine has a similar policy about stocking. There is a lake near me that used to be stocked until landowners changed the marked public access to a mile long hike through swampy wetlands. The state said it wasn't a usable access route. There are other legal ways to get to that lake but they are not considered pulic access.