Whether you can legally kayak through private property depends on where you are and the type of waterway involved. The rules differ significantly between countries, states, and territories, and even within a single country the law can vary depending on whether the water is a river, creek, lake, or coastal waterway.
This article covers the general principles around kayaking near private property in the United States and Australia, and what to do if you encounter a dispute on the water.
Waterway Ownership in the United States
Rivers
In the United States, navigable rivers are considered public waterways held in trust by state governments for public recreational use. This means that even if a river runs through private property, the public has the legal right to paddle it as long as the waterway is physically accessible and not deemed off-limits by the government.
The definition of navigable is broader than most people assume. It does not require a waterway to be large enough for commercial vessels. Under federal law, any river that was considered navigable when a state entered the union is public property, and the public has the right to access it for recreational purposes including kayaking.
Creeks and Streams
Creeks and streams are treated differently. In many states, small waterways are considered part of the surrounding private property, and the public has no automatic right of access. Rules vary significantly between states. If you are unsure whether a creek or stream is publicly accessible, check with a local conservation officer or the relevant state authority before paddling.
Land Surrounding Public Waterways
Even on a public river, the surrounding land including banks and shores may be private property. Paddlers on a public river have the right to remain on the water but do not have the right to land on private banks, walk along private shorelines, or wade in the shallows adjoining private land except when portaging around an obstruction, and even then the movement must be brief and direct.
Lakes
Inland lakes in the United States may be either public or private. Public lakes are generally open for recreational use subject to any specific local regulations. Privately owned lakes require permission from the landowner before you can access them. Paddling on a private lake without permission can result in trespass charges.
National parks generally follow federal river laws and are open to the public for recreational use. Nature preserves may have additional restrictions on activities that could disturb wildlife, so check the specific rules for any preserve before paddling there.
Read: Why Kayak Fishing Is So Popular
Waterway Ownership in Australia
In Australia, the rules around public access to waterways vary by state and territory but the general principle is similar to the United States. Most rivers and tidal waterways are public property and available for recreational use. Inland lakes and creeks may be subject to different rules depending on the state.
In Victoria, New South Wales, and Queensland, navigable rivers are generally considered public waterways. In Western Australia, the position is similar for tidal waterways.
As in the United States, the land bordering a public river may be private property. Paddlers on a public waterway have the right to be on the water but do not have the right to land on or walk across private land without permission.
If you are paddling a river you are unfamiliar with, check with your state’s relevant waterways authority before launching.
The Navigable Waterway Debate
The definition of navigable is a subject of ongoing debate in the United States. Disputes between landowners and paddlers over access to rivers are common, and the law is not always consistently enforced.
Some landowners genuinely believe they own the stretch of river that passes through their property and treat paddlers as trespassers. Even some law enforcement officers are unfamiliar with federal waterway laws and may side with landowners in a dispute. In rare cases, landowners have taken illegal measures to prevent paddlers from accessing public waterways, including stringing wire across rivers and placing obstructions in the water. These actions are illegal but do happen.
If you encounter a hostile landowner while paddling a legally public waterway, the safest approach is to remain calm and respectful, continue paddling if it is safe to do so, and avoid the area in future if the confrontation is repeated. Being legally in the right does not make a physical confrontation on a remote stretch of river a good idea.
Legal Issues When Kayaking Near Private Property
If you receive a ticket for paddling a legally public waterway, you have the right to contest it in court. However, the practical cost in time and money of contesting a ticket is often disproportionate to the outcome. Use good judgment and weigh up whether a particular stretch of water is worth the hassle before returning.
The most practical approach is to research the waterways you plan to paddle before you go, carry any relevant permits or licences required for the area, and remain respectful and non-confrontational if you encounter a dispute.
Final Thoughts
In most jurisdictions, navigable rivers are public waterways that paddlers can legally access even where they pass through private property. The surrounding land, however, remains private and paddlers must stay on the water.
For lakes and smaller waterways, the rules are less clear and vary significantly by location. Always check the specific rules for any waterway you plan to paddle, particularly if you are travelling to a new state, territory, or country.
For more on kayaking safely and legally, read our guide on is kayaking dangerous.