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

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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.

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Answered on 4/16/11, 11:09 am


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