"Git off mah land!"

[Boatcephus]

So I was riding my ATV in the woods along the creek where I live in Mayes County. These are my old riding and plinking grounds since I was a kid. The landowner is a family friend and allowed me to mess around there. This time, as I am pulling out on the road, a neighbor is driving by and stops. He tells me he bought the land 2 years ago and that I am not allowed back there "No more".
I looked at a county map to see if he owns just the cleared land or all the woods along the creek. Bad news - he owns all the woods up to the next fenceline. My entire woodland playground, that I know many times better than he, is now off limits.
I know I have to obey the landowner and law is law, but my question is this: How do the laws work in regards to the creek? For instance, are the lanes alongside the creek public domain? I think from what I've read in years past is that only the water is public. So I could kayak down the creek without trespassing? Can I walk up the creek bed if it's dry, or is the land under the creek his property?

All in all, it was a douche move for a neighbor that has known me and my family for decades. I don't do any harm back there other than keeping the trails passable.

I hope this guy has a breakdown or flat along our property. I will have a hard time choosing the high road. With neighbors like that, I might as well live in the city.

 

[Hobbes]

The land under the creek is his property too.

It's the water in the creek he doesn't own.

 

[PUMPKIN]

Well how would you feel i f you bought the land and some unknown person was cruising around on it with a atv?? Its trespassing.

 

[Jeff3C]

If I had purchased the place with intentions of hunting along the creek I would ask you to quit riding ATVs back there as well. It's his land now and he can choose who can come or go. If you had so many great memories of the place and wanted to continue using it maybe you should have purchased it.

You riding ATVs on his property is a huge liability to him.

 

[HMFIC]

...and that I am not allowed back there "No more".

HA! That was a double negative, you've got him on a technicality.

Seriously though, I'd probably find a good time to go and speak with him about it, plead my case and ask permission. Let him know that you were unware of the sale otherwise you'd have already come to ask him and apologize for unknowingly trespassing. Let him know that you always have been a good steward of the land and that you'll help police it and take care of it in any way he needs if he'll grant you some access.

It may be that you just caught him on a bad day. It could just be that he's in his own world and expects everyone to already know and understand his perspective. He's probably cussing you right now under his breath, not understanding howcome you were riding on his land that he bought two years ago and how could you not know that, etc.. blah blah. You know how people get.

 

[Boatcephus]

@ Pumpkin. Did I not make it clear that I am not an "unknown person"? He has known me for YEARS. A year ago his daughter was in a wreck down our road, she was T-boned hard by another young girl. I pulled up about 20 seconds after the impact and kept them both calm until the EMTs arrived. I didn't leave until this neighbor showed up to take care of his kid, who was rattled but unhurt. I guess his ingratitude is what is bothering me. He has seen me riding our roads since I was 10.
But, it's his land. I was just curious about the State laws regarding the creek. Was wondering if there was any way I could take my kids there and show them where I spent much of my youth. Sounds like what I thought - Only the water is public.

 

[Biggsly]

All in all, it was a douche move for a neighbor that has known me and my family for decades.

I hope this guy has a breakdown or flat along our property. I will have a hard time choosing the high road. With neighbors like that, I might as well live in the city.

Nothing personel, but alot of land owners would consider getting around their wishes, and the last comment. A douche move. I know it sucks losing land that you use.

 

[Boatcephus]

Lol, looks like I can only come back in the Spring with a canoe when the water is up. Ah well, eff it. There's steadily fewer and fewer things to keep me around the old place. One of these days I'm going to sell off the whole spread and move to the lake. Paved roads would be nice.

 

[Neanderthal]

Which creek boatcephus? Whether it's a navigable waterway plays a big role in Oklahoma to my understanding.

 

[Boatcephus]

Ye old Chouteau creek. Not navigable by anything but a canoe in our area, and then only when the water is running.

Just to back off all the hardliners - I'll say it for you: I'm lucky he didn't run me in for trespassing. So stow the landowners rights stuff. My question was if anyone knew the creek usage rights, and if the banks or bed are public. So, as far as the trespassing talk "no more", alrighty?

Sure, I'd run off someone on our land smartly. But then again, our land is actually fenced and posted and tended.