Registered: Mar 2009
Location: Pikeville,NC
Posts: 131

What is the law if the hound gets treed in the middle of the river? One side I have permission, the other side I don't. Land owner on the other side call the law. Got a nice ticket with a fine.

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Registered: Dec 2014
Location: NC
Posts: 50

Suppose to call the law and they have to come then you can go retrieve your dog. Had to do it before

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Registered: May 2008
Location: lenoir nc
Posts: 307

Yep you call the law! If you ask for permission and land owner says no call the law and when they arrive they can either accompany you to get your dog or if the land owner still doesn't want you on their land then the law will have to go get your dog and bring it back to you. Won't say no names on here but had another group of hunters that don't respect a man's property and ran over land owners that would let us retrieve our dogs if we asked but now every time they get there we have to call the law to come accompany us on the property. The owner is not hard to get along with but he wants the law there now. Too bad it's come to this but it is what it is now!

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Registered: Jan 2009
Location: Dinwiddie Va
Posts: 132

Go to the courthouse and get a copy of the plat for that piece of property if it shows the centerline of the river as the property line I would fight it in court instead of just paying the fine . Most of the time property lines are to the centerline of the river,creek,ect.

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Registered: Feb 2012
Location: airville,pa
Posts: 2078

wow! commonsense went out the window when they wrote them laws. sure is a waste of everyones time n money.

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Registered: Mar 2008
Location: Western N.Y.
Posts: 4005

Dont know NC law but most places if the waterway is navigable its no ones property. Even a fishing stream that runs through private property, if you stay in the water and walk it you are not tresspassing.

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Registered: Jun 2008
Location: Burlington, CT
Posts: 1758

I agree with John and Leesmere farm...

I'm not sure what county you were hunting in, but I just pulled up the GIS map for Alamance county and looked at properties on the river. All of them show the property line, ending at their bank of the river. The river doesn't appear to be owned by anyone.

If this is the case where you were, and the dog was in the river, then the other property owner doesn't have a case, nor did the officer. Assuming you entered the river from the side you had permission for...

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David Schmidt
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Registered: Jun 2008
Location: Burlington, CT
Posts: 1758

Cranberry and others - I think the question is not so much about right to retrieve, but the fact that the dog was out in the middle of a river, and not on this other man's personal property. And therefore, if the river is not personal property, how can he get a ticket.

Is that right, Aaron?

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David Schmidt
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Registered: Jun 2007
Location: jacksonville, nc
Posts: 2856

my dogs don't tree as much as your dogs do but they do get behind peoples properties. I can get near to them on the road but a lot of times they are somewhere behind someones' propert. I might want to cross their property to try to get my dogs. I hate to wake someone at 2AM to get permission to cross their propterty. I guess it the same thing. I have to call the law. Is that right?

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Registered: Mar 2009
Location: Pikeville,NC
Posts: 131

never stepped foot on his property, turned out on the land I have permission to hunt and stepped in/out of the river same spot. showed the deputy my map on the garmin and he still was not satisfied. For sure going to court. Word of wisdom - these days you are guilty and have to prove your innocent.

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Registered: Jun 2003
Location: North GA
Posts: 14395

Save that track on your garmin. Plus if GW dont show for court. Its automatically dropped.

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Michael Ghorley

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Registered: Oct 2014
Location: East Texas
Posts: 442

quote:

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Originally posted by john Duemmer
Dont know NC law but most places if the waterway is navigable its no ones property. Even a fishing stream that runs through private property, if you stay in the water and walk it you are not tresspassing.

---

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Registered: Feb 2004
Location: NC
Posts: 1594

NC doesn't have a right to retrieve law. If the river is considered navigable waters and you didn't get out you were cited incorrectly. I am guessing from the facts told here you were anyway.

The Outdoor Heritage Act, House Bill 640 which has passed the house and is currently in the senate which has many sportsman related things from Sunday hunting to youth programs has a right to retrieval law included. Please support this bill.

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Last edited by nccatfisher on 05-15-2015 at 02:48 AM

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Registered: May 2008
Location: lenoir nc
Posts: 307

That is wrong NC has a right to retrieve law! We also have a law on the books where if a land owner or anyone was to kill mama or harm a dog with a radio controlled collar (telemetry or gps the dog is considered under hunter control and is punishable by law a 10,000$ fine and or inprisonment or both!)

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Registered: Jun 2008
Location: Burlington, CT
Posts: 1758

bearhunter747 - can you point us to a link or some direction on where that right to retrieve law is located?

Also, correct me if I'm wrong (I'm still very new to NC) but I thought they could only enforce trespassing if the land is clearly marked. I know there's the whole paint thing (with minimum distances between marks, etc.) to outline property lines, and you need to carry written permission, when you are on marked property. So even if there's not a right to retrieve, can they cite you for trespassing, if the land is not clearly marked? I'm asking, because this was all new to me, when I moved down here.

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David Schmidt
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Registered: May 2008
Location: lenoir nc
Posts: 307

Ask you local warden! He can tell you! We go through it every year like I said. Yes they can still cite you if land owner pushes it that far. Like I said I always ask first and if they say no I call the warden or sheriff. I can't tell ya how many times a deputy has accompanied me or someone in our group to get our dogs. Believe me they don't like going on some of the walks but they will and do.

Last edited by bearhunter747 on 05-16-2015 at 01:36 AM

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Registered: May 2008
Location: lenoir nc
Posts: 307

Here ya go! http://www.northcarolinasportsman.c...ils.php?id=1879
Right to retrieve made simple

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Registered: Mar 2015
Location:
Posts: 24

here in ny someone owns the land under the water so walkin is tresspassin but u can float a craft down it legally i assume because fisheries r maintained with taxpayer money and moving water cant be claimed last i knew

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Registered: Feb 2007
Location: BURLINGTON, NC
Posts: 368

navigable water is considered water of the state which is impossible to trespass on as long as you entered from somewhere you had permission to be. we do not have a right to retrieve law in NC yet and i dont know if it went through or not. if u were in the river when u handled your dog you were cited wrongfully if this is all there is to the story. the landowner can be as mad as he wants, but he does not own the river, the state does

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