Trespassing video who's in the right who's in the wrong

[phantom]

 

[phantom]

Who do you guys believe here?

[suburbanfarmer]

51 minutes ago, phantom said:

Who do you guys believe here?

8:15 mark... they admitted to trespass

[phantom]

3 hours ago, suburbanfarmer said:

8:15 mark... they admitted to trespass

I mean about them getting there without seeing any posted signs actually Do you believe them? I dont .

Edited February 15, 2022 by phantom

[farmer 52]

I would say the guy that claimed they trespassed over stepped.Any claim that he owns half the waterway-river sure seems out of line.I was alway under the impression that waterways had a right of way that is owned by state or federal government.He was a total dick,the two young guys were more than polite.I think if I was in their shoes I would have totally ignored him,and guessing he would have backed off.

[SilentStalker]

He asked a pointed question and they were dismissive at best initially. I would not have reacted well either. I chuckled when he told the one kid to quit his millenial crap haha.

I think the kids were harmless, but it's clear the landowner is fed up with tresspassers. I would think his best course of action would have been to contact local LE/DEC rather than get into it like he did. But, I too have confronted tresspassers on private land and understand him being protective of it in the moment.

[Paula]

The guy did not prove they passed any posted signs. If that one kid felt scared he should have told the guy to please call the DEC and cops. 

Do you think he really owned half the river?

[farmer 52]

If the so-called owner actually caught the two boys or physically saw them trespassing he would have a case.In my opinion he lost all credability when he claimed he owned half the river.

[Rack Attack]

29 minutes ago, farmer 52 said:

I would say the guy that claimed they trespassed over stepped.Any claim that he owns half the waterway-river sure seems out of line.I was alway under the impression that waterways had a right of way that is owned by state or federal government.He was a total dick,the two young guys were more than polite.I think if I was in their shoes I would have totally ignored him,and guessing he would have backed off.

Actually that was proven not to be the case on the salmon river in Pulaski.  Barclay owned the property around the river and won in court that anglers could not walk the river without paying him trespass fee.  Guides and anglers can drift boats through, but they cannot anchor.

[farmer 52]

3 minutes ago, Rack Attack said:

Actually that was proven not to be the case on the salmon river in Pulaski.  Barclay owned the property around the river and won in court that anglers could not walk the river without paying him trespass fee.  Guides and anglers can drift boats through, but they cannot anchor.

https://www.dec.ny.gov/outdoor/9924.html

Looks like my thoughts aren't correct.Just read this dec writing and some landowners do actually own the water.Maybe this guy did own the water,I  am afraid we will never really know.

[G-Man]

Well before the confrontation and when they 1st saw anglers, they siad they walked up  4 miles of river.  Chances are the property is not properly posted to see signs from the river if any of the sides or back of the property is posted at all..  indeed he may own the shore line  but I didn't  think he proved they went by any posted signs. 

 I have kayakers come up  the creek thru my property and go back ,  I do have signs that face the creek and especially at farm equipment  crossings..   if River or creek is paddleable then it's public in ny

[G-Man]

10 minutes ago, farmer 52 said:

https://www.dec.ny.gov/outdoor/9924.html

Looks like my thoughts aren't correct.Just read this dec writing and some landowners do actually own the water.Maybe this guy did own the water,I  am afraid we will never really know.

That's not what that says they own the bank and in certain areas dec gets 33 ft access to  shoreline for public fishing.  Navigatable water is public  if your in the water your legal. 

Edited February 15, 2022 by G-Man

[Rack Attack]

2 minutes ago, G-Man said:

That's not what that says they own the bank and in certain areas dec gets 33 ft access to  shoreline for public fishing.  Navigatable water is public  if your in the water your legal. 

If you're floating in the water you're legal.  If you're wading you're not, that's how Barclay charges trespass fees on the Salmon river.

[G-Man]

1 minute ago, Rack Attack said:

If you're floating in the water you're legal.  If you're wading you're not, that's how Barclay charges trespass fees on the Salmon river.

If you need to know definition of legal navigatable . It's long and complicated..  for the original post  I don't think  the kids knew they were trespassing as signs were most likely lacking

[Kmartinson]

3 hours ago, farmer 52 said:

I would say the guy that claimed they trespassed over stepped.Any claim that he owns half the waterway-river sure seems out of line.I was alway under the impression that waterways had a right of way that is owned by state or federal government.He was a total dick,the two young guys were more than polite.I think if I was in their shoes I would have totally ignored him,and guessing he would have backed off.

Lol, I thought that also. I was escorted off of a local stream by dec. I was on a lake run trout stream that had tax payer money invested into water diversion structures and was not open to public fishing.... it all depends on whether or not they have sold the fishing rights to the state. Many people have sold these rights over the years back to the state but not all spots. Sadly many lake run streams are prohibited to local and all fishermen.

[phantom]

The owner talk too much all he had to say you're on my property please leave end of story without interrogating them about this and that and the other thing .

 

[Rack Attack]

I really love how our society has come to the point where the people that violate the law (i.e. the criminal) has somehow become the victim.  Grant it, in this case it's a pretty minor issue, but none the less we are talking about defending the people trespassing and villainizing the property owner that wants them off his property and wants to know how they gained access to his property.  How did we get to the point were the guy minding his own business fishing with his family/friends on property they purchased and maintained (seemingly in the middle of nowhere) isn't allowed to be irate when people stroll up to them while trespassing?   

[Happy 5-Shot]

I’m a licensed land surveyor and this is the court case that is always used for ownership of streams / creeks that are non navigable

https://www.leagle.com/decision/innyco20121018225

[Nomad]

Seems like decent kids and a grumpy old man ( I can recognize them because I am one ) .

[farmer 52]

2 hours ago, Rack Attack said:

I really love how our society has come to the point where the people that violate the law (i.e. the criminal) has somehow become the victim.  Grant it, in this case it's a pretty minor issue, but none the less we are talking about defending the people trespassing and villainizing the property owner that wants them off his property and wants to know how they gained access to his property.  How did we get to the point were the guy minding his own business fishing with his family/friends on property they purchased and maintained (seemingly in the middle of nowhere) isn't allowed to be irate when people stroll up to them while trespassing?   

Excellent point

[OldBrian]

There are several of these type of videos posted on YouTube that show poor innocent young fisherman being harassed by older property owners. These videos tend to get a lot of views. I would bet the landowner has it posted and it is private. 

[Nytracker]

 Have to wonder ..  how much editing  on the video .. can't see me climbing that rock wall with a fishing rod 

Yup property owner was hot . The kids could have just turned around and left the area.

Biggest wonder is what are fishing rights for the river in question . What are the posting regs for the state . What makes private verses public access  IN THE STATE OF NEW JERSEY! 

[OldBrian]

This video has 1.5 million views! 

[wolc123]

I thought it was entertaining, kind of like in “Yellowstone” where Beth tries throwing the guy, who is wading down the river, off the ranch.  

We have a creek that crosses our farm, and is sometimes navigatable.  Tresspassing would be a tough question, because the creek was rerouted by the county or the state, about 50 years ago.

All of the maps still show the original route.  Even Googlemaps shows it wrong, unless you go to satellite view. I just wave, when I see someone go by in a canoe.  

 

[Paula]

42 minutes ago, OldBrian said:

This video has 1.5 million views! 

It went up 9months ago, so not bad