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River Boundries

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i8mygoldfish

Junior Member
I live in Sussex County, NJ. I'll make a long story short. Recently I got into it with a neighbor about her dogs being on my property. Called animal control and was completely in the right. A/C issued her a summons and was completely on my side. But that's not my question just to give some context of my situation. So now i think shes out to get me.....

So, here's the situation. I live on the banks of a river(not a lake or a pond). The lady who i called animal control on owns property down the river 5 minutes kayaking distance from my house. I'm fairly positive she owns both sides. 100% certain she owns at least one side. What I'm wondering is if i take my Kayak from my house and go down there to fish, Does she have any grounds to call the police for trespassing. If I stay in the water or on the dam that's down there? How about islands that aren't attached to either side?

She hasn't yet but I'm sure she would like to have a field day calling the police on me for any reason.

If some one knows of an answer or can directly point me to a law that states an answer I'd be greatly appreciative.

Thanks in advance. I'd like to know so if i go down there and know i'm not in the wrong I can just smile and wave at her knowing she can't do anything.
 


quincy

Senior Member
I live in Sussex County, NJ. I'll make a long story short. Recently I got into it with a neighbor about her dogs being on my property. Called animal control and was completely in the right. A/C issued her a summons and was completely on my side. But that's not my question just to give some context of my situation. So now i think shes out to get me.....

So, here's the situation. I live on the banks of a river(not a lake or a pond). The lady who i called animal control on owns property down the river 5 minutes kayaking distance from my house. I'm fairly positive she owns both sides. 100% certain she owns at least one side. What I'm wondering is if i take my Kayak from my house and go down there to fish, Does she have any grounds to call the police for trespassing. If I stay in the water or on the dam that's down there? How about islands that aren't attached to either side?

She hasn't yet but I'm sure she would like to have a field day calling the police on me for any reason.

If some one knows of an answer or can directly point me to a law that states an answer I'd be greatly appreciative.

Thanks in advance. I'd like to know so if i go down there and know i'm not in the wrong I can just smile and wave at her knowing she can't do anything.
If it is a navigable river, then the state owns it up to the ordinary high water mark. You can contact your State Attorney General's Office to determine this for sure.

There is nothing you can do to prevent your neighbor from calling the police but the police should know the law and they should let her know that kayaking down a public river is not trespassing.

A site with some good information on river ownership is the National Organization for Rivers: http://www.nationalrivers.org/us-law-who-owns.htm

Good luck with your neighbor.
 

tranquility

Senior Member
I agree with quincy and add, a defense to trespassing would be necessity (perhaps self defense). If you get into trouble in the water, don't worry about going ashore if needed. See also:
http://www.law.cornell.edu/uscode/text/33/chapter-1/subchapter-I with specific exclusions of:
http://www.law.cornell.edu/uscode/text/33/59n
http://www.law.cornell.edu/uscode/text/33/59n-1
http://www.law.cornell.edu/uscode/text/33/59o
http://www.law.cornell.edu/uscode/text/33/59u (aka "lawyer's ditch". Awesome name.)
http://www.law.cornell.edu/uscode/text/33/59z
http://www.law.cornell.edu/uscode/text/33/59jj
 

i8mygoldfish

Junior Member
Thanks to both of you. The information provided is very informative. It's along the lines of what i was thinking but it's nice to have some clarification and that if something should arise I know I'm in the clear.
 

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