I live in a neighborhood with many small ponds and for as long as I
have lived here (18 years), the neighborhood kids have fished the ponds
and nobody has ever objected as long as the kids stay out of people
yards. There are portions of the ponds with either power line right of
way or along unpaved roads where the kids can fish. My neighborhood
abuts another where the neighborhoods have different associations so
nobody really has control over the rights of way.
So, I took my 10 yr old daughter to fish with her little friend and we
were just sitting with nothing happening when a voice behind me says
"You are trespassing" so I turned to see a sour looking older guy and I
said, "I am sorry, we didnt know it wasnt allowed" (there are no
signs). "My name is David OHara and you are?" and he says, " I am Joe
Blow, president of the homeowners association and fishing is allowed
only for residents". Not being sure of my ground but realizing there
was something wrong with what he said, I replied, "Well then, we will
go then but I hope people treat you as well as you have treated me and
my kids". Of course, I said this in a very nice way. He got livid and
red in the face and I thought I might be able to provoke him into
something stupid and he blurted out "WE have spent tens of thousands of
dollars to keep this up, What would you think if somebody went onto
your property" and I replied "This isnt your property, it is right of
way, but I'd welcome them, I encourage the kids from your neighborhood
to walk across my property so they wont have to walk so far from the
bus, I like to know who is in the neighborhood". "I will continue to
be nice to them". He got really angry and asked if I was being smart
with him and I again said "I hope people treat you as well as you have
treated us" and "It's interesting to see the good examples that adults
set for kids" pointing to my daughter and friend. He was really ****ed
and shouted "I live across the pond and had to drive a mile aeound here
when I saw you fishing" to which I replied "You drove a mile for me, I
am impressed, thank you". As we walked away, I saw a pile of beer cans
and broken bottles somebody had left and I pointed to it and said, "I
like how well your association keeps up the place, so would the health
department but I am sure you will find the time to pick up this health
hazard"
As we walked home, I realized what was wrong with what he said. The
property I was on I really did have permission from 3 years ago when I
had briefly talked to the owner. Furthermore, There is no way he could
claim to control the pond because my own homeowner association had
tried to find who controlled that pond because it caused flooding to
our road (not govt maintained roads) and 4 of the homes on it were in
our association.
You see, I never did question his "property rights" and he might
actually have the legal right to kick us off. However, I have the
legal right to get him mad enough to have a stroke by killing him with
kindness.