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Jan 23rd, 2013
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Pond fishing legality? #13559681 05/16/20 02:39 AM
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Fishing Punk Offline OP
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So i found a pond in Arlington that has no signs prohibiting fishing. It doesn't appear to be on anyone's property. I've been fishing it for around 6 months, occasionally running into other people fishing. Within the last month, a woman that lives across the street from the pond has threatened to call the cops on me. No one fishes it any more. I've pushed my luck and kept fishing hoping she is just bluffing because she doesn't like strangers in her neighborhood, but i have a tough time enjoying my time there thinking i might deal with the lawman.

My question is... there are no signs. There is no gate. The land isn't tended by anyone. It doesn't appear to be on anyone's property, and i can assure it isn't her's.

What risk, if any, am i running by fishing this pond within walking distance with an awesome bass bite?

I'm just wanting to find out if she's got ground to stand on or if she's one of the folks that us fishermen find from time to time.

Re: Pond fishing legality? [Re: Fishing Punk] #13559698 05/16/20 03:03 AM
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just because there are no signs an no gate doesn't mean its public property you could always go to the city offices an find out if its public or private that could save a big headache later if its private an you don't have permission you are trespassing.

Re: Pond fishing legality? [Re: ssmith] #13559721 05/16/20 03:35 AM
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Good call.

Re: Pond fishing legality? [Re: Fishing Punk] #13559747 05/16/20 04:10 AM
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Trespassing can be a serious offense in Texas and a law enforcement officer has a lot of ability to interpret the rules. The land is owned by someone. If you do not have permission to go on the property you could have to explain your thinking to a judge and end up with a criminal record.

Here are the regulations from the Texas Parks and Wildlife website:

Section 30.05, Texas Penal Code, provides that a person commits an offense if the person enters or remains on property of another without effective consent, and the person:
•had notice that the entry was forbidden, or
•received notice to depart, but failed to do so.

"Notice" means: an oral or written communication by the owner or someone with apparent authority to act for the owner; or fencing or other enclosure obviously designed to exclude intruders or to contain livestock; or a sign or signs posted on the property reasonably likely to come to the attention of intruders, indicating that entry is forbidden; or the placement of identifying purple paint marks on trees or posts on the property. If purple paint is used, then the purple paint must be vertical lines of not less than eight inches in length and not less than one inch in width; placed so that the bottom of the mark is not less than three feet from the ground or more than five feet from the ground; and placed at locations that are readily visible to any person approaching the property and no more than: 100 feet apart on forest land or 1,000 feet apart on land other than forest land.

Additionally, the visible presence on the property of a crop grown for human consumption that is under cultivation, in the process of being harvested, or marketable if harvested at the time of entry is considered "notice" that entry is forbidden.

Re: Pond fishing legality? [Re: Fishing Punk] #13559772 05/16/20 04:45 AM
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Trespassing is serious and can get you in hot water in TX, just because someone isn't always there doesn't mean they want you poaching on their property. I've had people say this about our un-fenced land when I've had to run them off from fishing, they'll say well I never see anyone around so I figured it was ok... well yeah no kidding dumb sh*t we don't live on the property and work during the week so we're not always going to be there. Its easy to find out who owns the land call the county tax office for the plat of the area, some of these maps are alrealy online for some counties. mad

Re: Pond fishing legality? [Re: Fishing Punk] #13559828 05/16/20 10:13 AM
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if it is not marked and the owner or their representative have not notified you to leave then you can fish it at your own risk and most likely if the leo show up you will be asked to leave.
a property has to be marked no trespassing, purple posts/gates or someone with authority has to give written or verbal notice to leave.

if someone does confront you just leave, they can not hold you for any reason, you have to be allowed to leave the property.

if she comes out and asks you to leave ask her for the owners name and then call them and ask for permission.

note: you should never fish property that is not yours without at least asking the owner or their rep. out of common courtesy.


" Hop, set the hook"!


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Re: Pond fishing legality? [Re: Fishing Punk] #13559924 05/16/20 12:55 PM
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"It doesn't appear to be on anyone's property" makes no sense. If you don't own it that means that someone else does. I doubt you put "NO PARKING" signs on your front lawn. Does that mean it's okay for anyone to park there?

Re: Pond fishing legality? [Re: Fishing Punk] #13560573 05/16/20 09:41 PM
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you can generally tell if its public by the amount of folks there an the trash they leave.

Re: Pond fishing legality? [Re: ssmith] #13560794 05/17/20 12:54 AM
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When in doubt check the county’s appraisal district map. Here is Tarrant County’s:

https://www.tad.org/resources/interactive-maps/

Re: Pond fishing legality? [Re: Fishing Punk] #13561091 05/17/20 11:14 AM
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where is this pond? I'll find out for you


If God is your co-pilot then change seats



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Re: Pond fishing legality? [Re: hopalong] #13561153 05/17/20 12:57 PM
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Originally Posted by hopalong
if it is not marked and the owner or their representative have not notified you to leave then you can fish it at your own risk and most likely if the leo show up you will be asked to leave.
a property has to be marked no trespassing, purple posts/gates or someone with authority has to give written or verbal notice to leave.

if someone does confront you just leave, they can not hold you for any reason, you have to be allowed to leave the property.

if she comes out and asks you to leave ask her for the owners name and then call them and ask for permission.

note: you should never fish property that is not yours without at least asking the owner or their rep. out of common courtesy.


Hop, I believe you are incorrect. About 1998 the Texas legislators removed the requirement of posting (signs or purple paint) for the landowners. As a GW said " if you are on land that you do not own without written or verbal permission you are trespassing"

Re: Pond fishing legality? [Re: DLALLDER] #13561172 05/17/20 01:14 PM
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Originally Posted by DLALLDER
Originally Posted by hopalong
if it is not marked and the owner or their representative have not notified you to leave then you can fish it at your own risk and most likely if the leo show up you will be asked to leave.
a property has to be marked no trespassing, purple posts/gates or someone with authority has to give written or verbal notice to leave.

if someone does confront you just leave, they can not hold you for any reason, you have to be allowed to leave the property.

if she comes out and asks you to leave ask her for the owners name and then call them and ask for permission.

note: you should never fish property that is not yours without at least asking the owner or their rep. out of common courtesy.


Hop, I believe you are incorrect. About 1998 the Texas legislators removed the requirement of posting (signs or purple paint) for the landowners. As a GW said " if you are on land that you do not own without written or verbal permission you are trespassing"


Years ago you could get away with fishing or hunting on land where you never saw anyone who owned the land, but nowadays, someone gets hurt on that land, you can bet that a lawyer won't have a problem at all finding the owner.
That is what messed it up for everyone, and the fact there are way too many people these days that don't treat that land with any respect.


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Re: Pond fishing legality? [Re: DLALLDER] #13561265 05/17/20 02:28 PM
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Originally Posted by DLALLDER
Originally Posted by hopalong
if it is not marked and the owner or their representative have not notified you to leave then you can fish it at your own risk and most likely if the leo show up you will be asked to leave.
a property has to be marked no trespassing, purple posts/gates or someone with authority has to give written or verbal notice to leave.

if someone does confront you just leave, they can not hold you for any reason, you have to be allowed to leave the property.

if she comes out and asks you to leave ask her for the owners name and then call them and ask for permission.

note: you should never fish property that is not yours without at least asking the owner or their rep. out of common courtesy.


Hop, I believe you are incorrect. About 1998 the Texas legislators removed the requirement of posting (signs or purple paint) for the landowners. As a GW said " if you are on land that you do not own without written or verbal permission you are trespassing"




for it to be trespass they have to be asked to leave, in person, letter etc.
I had to learn all of this to deal with trespassers at the property I manage, about 1,500 acres now. if they are armed, about 75% here are, then it becomes felony trespass no matter what. I have to give them the chance to leave after telling them to, if they refuse then it will be a whole new deal, if I try to hold them then I can be guilty of kidnapping unless they have refused to leave. I have all our gate posts painted purple, multiple signs at every gate and the property is fenced yet I still get people just ignoring them. most haul it before I can catch up to them.


https://codes.findlaw.com/tx/penal-code/penal-sect-30-05.html


(a) A person commits an offense if the person enters or remains on or in property of another, including residential land, agricultural land, a recreational vehicle park, a building, or an aircraft or other vehicle, without effective consent and the person:

(1) had notice that the entry was forbidden;  or

(2) received notice to depart but failed to do so.

(b) For purposes of this section:

(1) “Entry” means the intrusion of the entire body.

(2) “Notice” means:

(A) oral or written communication by the owner or someone with apparent authority to act for the owner;

(B) fencing or other enclosure obviously designed to exclude intruders or to contain livestock;

(C) a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden;  

(D) the placement of identifying purple paint marks on trees or posts on the property, provided that the marks are:

(i) vertical lines of not less than eight inches in length and not less than one inch in width;

(ii) placed so that the bottom of the mark is not less than three feet from the ground or more than five feet from the ground;  and

(iii) placed at locations that are readily visible to any person approaching the property and no more than:

(a) 100 feet apart on forest land;  or

(b) 1,000 feet apart on land other than forest land;  or

(E) the visible presence on the property of a crop grown for human consumption that is under cultivation, in the process of being harvested, or marketable if harvested at the time of entry.


" Hop, set the hook"!


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Re: Pond fishing legality? [Re: Fishing Punk] #13561382 05/17/20 04:29 PM
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Hop, must be some big differences in county laws. I was involved with a 5000 acre ranch for about 7 years. All the ranch manager or his appointee had to do was call the GW. NO purple paint, very little fencing, Sulphur River was North border so lots came in by boat, some left by GW's truck. Several were charged with trespassing & poaching, which in every case I was aware of stuck.

Re: Pond fishing legality? [Re: Fishing Punk] #13561404 05/17/20 04:52 PM
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heres a good rule to follow unless you are invited by the owner to come in an hunt or fish an your not paying property tax on it don't trespass not much grey area.

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