Legal Question in Real Estate Law in California
When traveling in a California watercourse is it trespassing?
Asked on 4/16/11, 8:26 am
2 Answers from Attorneys
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
The public has the right to use navigable waterways between the usual high-water lines. and "navigable" is interpreted broadly. For an interesting and rather complete discussion of the topic in lawman's language, see:
http://www.tenretni.com/~gmiller/cgi-bin/archive/archive1.cgi?frames=n;read=10541
Answered on 4/16/11, 9:16 am
Anthony Roach
Law Office of Anthony A. Roach
I agree with Mr. Whipple. I recall that one of the areas where I fly fish, the Kaweah River, had this issue. Landowners adjacent to the river pressed charges against rafters and fishermen traversing the water way, but in the end, the rafters and fishermen were found not guilty, because of the doctrine set forth by Mr. Whipple.
Answered on 4/16/11, 11:09 am