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  1. #1
    Join Date
    Jun 2012
    Location
    Florida
    Posts
    1

    Default Rights on Deeded Water Lot

    My question involves real estate located in the State of: Florida.

    I own real estate with a creek that runs along the side and the back of my property. I have a deeded water lot that was part of my original purchase for the land the creek runs through, and I am also taxed for this land. The water lot is adjacent to the lot that my home is on and it is not part of the intercaostal waterway. I am responsible to maintain this property just as I do my land lot.

    People tend to walk onto my property to go fishing in the creek, it has taken me years but I have finally put a stop to that. Now people are standing on the sidewalk or easement and casting nets and lines into the creek to fish it. For the most part I don't have a problem with it but a few of the people are loud, vulgar, rude, block street traffic, and leave a mess behind. They have turned my front yard into a fishing pier at all hours, even waking me in the middle of the night. The few problem fishermen are challenging my right to ask them to leave or to stop, and one in particular is threatening me.

    I have called law enforcement but even the patrol officer did not seem to be very knowledgeable on the subject. What rights do I have to ask them not to fish on my property even though they are doing it from the easement/sidewalk?

    Please help, I have been here 10 years and love my home but they are turning my little slice of paradise into a living hell.

  2. #2
    Join Date
    Jan 2006
    Posts
    20,768

    Default Re: Rights on Deeded Water Lot

    What rights do I have to ask them not to fish on my property even though they are doing it from the easement/sidewalk?
    The only thing I can suggest is to verify exactly where the easement is and what rights or limitations are afforded by the easement. If the easement does not reach the water, then they could not legally fish from the walk as they would be trespassing on the land between the walk and the water.


    Of course they can be held responsible for the littering issues.

    If they have access to the water without crossing any property not part of the easement, then I do not see you as having any right to prevent them from fishing from the walkway.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

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