Can you own the beach?

[edro]

I don't think you can "own" beach on an Ocean. I think all beaches (on oceans) are federal property, so if an owner decides to buy up all the property, he can't close all the harbors. At least that's what they told me in Hawaii.... of course those are islands...

 

[MrBond]

My parents own a pond. It's not really near a house or anything. People sometimes disobey the No Trespassing sign, so my dad chases them off (because as you said, we live in a lawsuit-happy society).

If someone comes up to the house and asks to use it, my parents give them permission, as long as they clean up any mess they make.

So go up to the house and ask the owners if they mind you swimming there. You might be surprised, most people are so glad you asked that they'll allow it.

 

[Demon-Xanth]

Generally, you can own a creek, but not a river. The difference being if it's usually navagatable or not. (ie: can you have a small boat or raft go down it 9 months of the year)

 

[nater]

It seems that most people here are either talking out of their @sses, or only know the regulations where they live/own property. You should go with MrBond's suggestion and you'll be safe either way. I can't imagine them turning you down if it's just you and a couple friends swimming in the creek that's part of or by their property.

 

[Jzero]

You can own a beach and post no trespassing signs on it.
My ex-gf had a stream on her property and basically they owned the land on both sides of the property and the stream's bed, however they had no claim to the water IN the stream, so they couldn't take the water or build a dam or prevent people from boating through.

 

[SagaLore]

Originally posted by: Xionide
I just moved and I now live(sp?) on a creek. Jim creek in arlington washington USA. And me and my friends got tired of our usual swimming hole so we walked up the creek a mile and found a much superior spot. Its got a huge beach BIG deep swimming hole and a rope swing that goes into the water. In view you can see a house up on a hill and there are some trails to it. There is also some firewood on the beach (that we dont mess with). We had a great day there yesterday but when we went back today there were signs that said "no trespassing violaters will be prosicuted(sp?)". We ignored the signs and nothing happened. No police the people didnt get out of there house and say something, nothing. I really doubt that they would call the police because they built a damn on it to make the swimming hole better (and it is a salmon run). My question is can they tell us to scat? I mean its not like were doing anything to the property. We arent littering making fires being loud throwing parties, bringing 20 friends. We are just going off of a dang rope swing. And if they were to go down there we would leave. We arent the suing(sp?) type of people (if we are dumb then we deal with it). Should I leave them a note saying this?

Grow up and respect other people's property. That rope swing didn't materialize out of thin air.

 

[DaiShan]

How about I was in Destin staying at the beach hilton there (a pimped out hotel if you ever get a chance, you should stay there) and right next door is this like kinda town house little building, they have signs marking "their beach" There was hardly any room left in front of the hilton to just chill, so we just put down our towels like right on the line, some @$$hole comes up and is like excuse me do you own property here, I told him no I was a guest at the hilton, and this fvck fack said I am gonna have to ask you to move about 3 feet that way then. I told him if he wanted me to move he could pick me up and move me, barring that he could go fvck himself. Some people man, I swear.

 

[guapo337]

In Maine, you can own property surrounding a body of water, but you can't own the water itself, or the portion of land after the high water mark. Public access for bodies of water is what it comes down to. This law stems from colonial laws, you live in Virginia, you do the math. But check with local authorities to make sure.

 

[zimmie6576]

Originally posted by: fumbduck
so if you boat through their part of the creek, are you trespassing?

If they legally own it according to local laws, then yes.

 

[Cyberian]

This is from the US Army Corps of Engineers.

Fairly interesting, actually, espescially the way they define 'interstste commerce'.

 

[Saltin]

Property law is the glue that holds society together. If they own the land, they can do what they like, and they have a right to defend it.

That said, you guys don't seem like you're doing any harm. Maybe if you talked with them...?

 

[FeathersMcGraw]

Karch Kiraly sure can.

 

[MaxDepth]

No my friend, the beach owns you.

 

[911paramedic]

I learned something about beachfront property in real estate school. You may own the rights to the beach, but only to the high-tide line. So if it's low tide there is quite a bit of area you may use legally. (or you can just wade through their property, lol.

Creeks I am not so sure about, but you don't own the water rights that's for sure.

 

[pyonir]

Originally posted by: X-Man
You can't own the beach . . . it's God's beach.

Actually you can. But you can't own the water, nobody owns the water, it's God's water.

 

[PunDogg]

maybe one day go up to the house, and talkt othe owners become friends with them, ask them politly, and stuff, just be nice and they in turn will prob be nice to you.

Dogg

 

[Brutuskend]

One last thing to remember, the State of Washington owns and maintains the regulations for all waterways fresh and salt with in the boundaries of the state.

Taken from here

Or follow these leads.

 

[Hossenfeffer]

Originally posted by: PunDogg
maybe one day go up to the house, and talkt othe owners become friends with them, ask them politly, and stuff, just be nice and they in turn will prob be nice to you.

Dogg

Yep, make contact with em. Bring em a fruitcake (Not MichaelD) as a peace offering. Explain that you were just out and about, found the great swimmin' hole. You're there to respect their boundaries but would like to explore the possibility of using the land on occassion. Maybe you can offer some service(s) in return; sort of an in-kind trade.

 

[911paramedic]

I doubt they will allow you to hang out on their property and use the swimming hole if you ask, too much liability.

 

[MrDingleDangle]

the rule for beaches is that you anything below the highest high tide cannot be privatly owned...

as for creeks i dont know

 

[ViRGE]

At least in Oregon, the beach(that is, the land near the ocean) is all public owned, so you're allowed on wherever you want except due to park closing times, etc.

 

[DT4K]

Any of you giving specific answers of yes or no are idiots unless you know the exact laws in his state.
Water rights and waterfront property ownership laws vary depending on what state you are in.

 

[Xionide]

Thanks you guys this helps a lot. I will do the waiver thing and try to talk to them. If not i wont touch "their" property (the water).

-Xionide

 

[HomeBrewerDude]

In wisconsin, all water and water ways are considered public access, meaning you can walk/swim/boat there unless otherwise restricted. ALso, if the river is LOW, then walking on the shore, on land that is normally under water, also protected.

so it depends on your local codes.

 

[Hammer]

if i had a private beach and you walked on it, i'd have to shoot you. rope swing be damned.