Deleted
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Post by Deleted on Dec 20, 2014 16:08:31 GMT -5
Looking to beaver trap a stream that runs pretty much through an entire county. The stream acts as property divider in the particular area of interest. I have permission from one homeowner who is having tree damage and some flooding. If the traps are set in the stream. Does an adjacent property owner have a legitimate complaint if they oppose it? Who would own the stream?
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Post by mb650 on Dec 20, 2014 16:17:35 GMT -5
Oh boy here we go.
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Post by kirkwooder on Dec 20, 2014 16:42:38 GMT -5
I own stream property that I have had this issue with, and I have been advised by the DEC that the state owns the water and the ground under the water belongs to me. Where ever the property line is under the water is my property. The water can not be used as an access to my property, meaning that if someone walks across the property line in the water they are still on my property. However, if they are not touching the ground under the water, and are merely floating over it they are fine.
So as long as you are on the side of the property line you have permission to be on you should be fine.
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tmc
#2 Newhouse
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Post by tmc on Dec 20, 2014 17:41:22 GMT -5
lalalalalalalala!!! I AM IN MY HAPPY PLACE!! not this again....
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Post by markg on Dec 20, 2014 17:55:00 GMT -5
Stay on your side and you are ok. You may want to explain to the owners on the other side that if left unchecked the beavers will soon start damaging trees on their side. They typically don't care who owns what. May help down the road when the the beaver do start hitting their trees.
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Deleted
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Post by Deleted on Dec 20, 2014 18:08:20 GMT -5
I own stream property that I have had this issue with, and I have been advised by the DEC that the state owns the water and the ground under the water belongs to me. Where ever the property line is under the water is my property. The water can not be used as an access to my property, meaning that if someone walks across the property line in the water they are still on my property. However, if they are not touching the ground under the water, and are merely floating over it they are fine. So as long as you are on the side of the property line you have permission to be on you should be fine. Thank you. I figured the land under the water is controlled by the property owners. Finding the property line should be interesting if challenged though.
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Post by papabear on Dec 20, 2014 18:19:56 GMT -5
Dear Friend, It is my understanding that the water within a watershed belongs to the state. The land beneath the watershed belongs to the property owner who pays taxes on the land to the extent of the property line. It would be perfectly legal for you trap the beaver on the property you have permission to be on.
I have encountered situations just like you describe. In most cases I try to graciously avoid these favors as I have no desire of getting into a pissing match with an adiment animal lover on the other side of the crick. Nothing tarnishes a trappers reputation faster than an "anti" broadcasting all over the area that you brutally murdered the cute cuddly family of Bucky and Bessie Beaver with traps big enough to kill an elephant. Isnt worth the grief!
On the occassions I've helped a land owner with his beaver problems I've learned to come up with a strategy to greatly reduce potential greif from the adjoining neighbor(s). Before I set a trap I first find out the property lines, cruise the scene of the offending beaver workings and locate exactly where Im going to set the traps. When setting and checking the traps I try to be as discreet as possible and prefer to get in and out at times when the neighbor(s) arent home. I believe the little extra hassle is well worth the effort so as to not draw unwanted attention that could add fuel to the "antis" fire.
Regards
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Deleted
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Post by Deleted on Dec 20, 2014 22:05:32 GMT -5
Thanks Papabear. I'll take this into consideration.
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Post by markg on Dec 21, 2014 9:00:27 GMT -5
If the creek is called out as the property line then it goes to the thread (center of current) of said creek. And that line changes if the creek changes direction or flow. I deal with this regularly as I am a land surveyor when I'm not our hunting or trapping.
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tmc
#2 Newhouse
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Post by tmc on Dec 21, 2014 10:13:08 GMT -5
Hey, Mark, I was a surveyor too... started in 1984, until the market here tanked in 1991, then contract-basis until, maybe?, a few years back. LOVED EVERY MINUTE of it. too bad that door closed. ;(
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Post by herm on Dec 21, 2014 10:36:54 GMT -5
Once again the correct answer the this question, it has been discussed on here it seems like forever, is it depends on how the stream or any waterway is classified. If it is a navigable waterway by definition, it and the land below the normal high watermark is held in trust by the state for the people of the state.
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Post by fingerlakesfur on Dec 21, 2014 19:22:57 GMT -5
I know of 2 instances where one landowner sued another over value of trees damaged by beaver where border issues were concerned. It was up to said landowner to have the beaver removed if they are damaging neighboring property. Something to think about.
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