Fishing forum > Access Blocking to River and Crown Land

Author Topic: Access Blocking to River and Crown Land
Oilcruzer

Does anyone have links to what the law says as to where owned rights stop and Crown land starts, for public use? I'm interested as to what of the shoreline can legally be claimed as owned or private property. Two areas:

For Private Land?
For First Nations Land?

There is law out there that says shorelines are Crown Land. I can't locate it.

There is other law out there that says blocking water access is forbidden. I would like to tie the two together to get this sorted out. Illegal trespass is one thing. Illegal claims to ownership is another.
sharphooks moderator

try checking with a good realtor. hopefully you know one willing to spend a few minutes pointing you in the right direction.
gearbox

nobody can own shoreline a certain distance from high waterline. but most waterfront homeowners love to pretend that they own it all. they'll even run fences out into the water, which is totally illegal. also, nobody owns a dock. they may have paid for it, but I have every right to go and fish from it or have a bbq on it.
alexfromrichmond

I send email to dfo to make this clear . cuz I have this problem by nicomekl and serpentine rivers
gearbox

just because some are doing things illegally doesn't necessarily mean that anyone will do anything to stop them. a good example is Okanagan lake. that should be one big public beach running the eastern shore. but that hasn't stopped all the millionaires on the waterfront from blocking all access to the public one bit. good luck getting anyone to do anything about it.
J & D

From the Province of BC Riparian Rights Paper :"Owners of property located adjacent to a body of water have traditionally enjoyed certain riparian (stream or river banks) and littoral (sea or lakeshore) rights. For simplicity , the term riparian is used for all rights pertaining to the shore or bank of a body of water.
Riparian rights , which run with an upland property, include access of the property to and from the water, protection of the property from erosion....."
"Aquatic lands are the foreshore and beds of streams , rivers, lakes..." for simplicity "the water."
"The public does enjoy a privilege or bare licence to use the foreshore and other aquatic lands held by the Crown. The only rights that exist, however, are the right to land boats and to embark from the foreshore in cases of emergency..."
In spite of many well meaning fishers, the net result of unfettered public access over private land is garbage, discarded tackle and general disrespect for the environment . Little wonder the public continues to lose access to private lands.
Fish'n BC

Ha, J&D edited out:

"and the rights of navigation, anchoring, mooring, and fishing over those lands covered by water."

If J&D are going to attempt to use riparian rights; they better not try to hide the portions of the "law" that don't benefit them, or they will be called out.

Under the portion of those rights that J&D edited out: we have the right to fish from their land, or cross their land to fish from the crown land.
vancity

I think he is just sick of all the degenerates that abuse the rights by leaving a mess of fishing line and other garbage on the shore line and his property. I know that if i owned a piece of land like he does i would be pissed at everyone doing so. With that being said i would try other ways to stop/ban these people doing these things rather than blocking the way fir everyone ....... Remember theirs lots of river to enjoy so go fish and enjoy/respect the outdoors
J & D

The forum discussion is about access to the shore or river bank via private property and what the law says. Boat access to the foreshore (aquatic zone) is absolutely a public right. You need to be on a boat to exercise this right unless you can walk on water. Fishing from the shore of private property is trespassing.Again riparian rights "run with the land" and are entrenched in common law.
Fish'n BC

Also entrenched in riparian rights and common law is the right to fish over the lands covered by water, and it doesn't exclude private land access to exercise this right.

The law indicates that a private owner can control a reasonable marked access rout over their land to get to it, but not access itself.
J & D

I have been to follow up with the RCMP in Mission with Constable Robichaud regarding charges of trespass .

Please read the interesting article in todays Province Paper August 14 2014 - pg A17 "opinion" - Public denied walkway -
Along with the legal maps I provided the RCMP, this article will also be submitted. Please educate yourselves with respect to private property. There is No public access to our property - dike or otherwise and none of you can walk on water.
Fish'n BC

Any article regarding the general public is completely irrelevant, as riparian rights and common law provide access to fishermen and boaters not the general public.

Regarding charges of unlawful obstruction of the rights of fishermen; I will be meeting with the constable to provide the legal documents and maps, you may not block river and crown land access to fishermen or boaters.
mrskhris

I'm very much wondering if situation described in this 2007 report has changed:

http://www3.fvrd.bc.ca/Electoral%20Area%20Services%20Committee/2007/EASC%202007%2011%2013/Item%2009-04%20Memo%20re%20Nicomen%20Island%20Dike%20Inspection.pdf

"many localized problems. Including damage to the dike from livestock along the side slopes and animal burrows"

I'd think government would rethink the idea of including dyke into farmland if said farmland contributes to destroying the dyke. Alas, that isn't the case so far.

Fishing forum > Access Blocking to River and Crown Land


 





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