Private land?

[emirribolov]

I have question for you all. Am i allowed to wade thru river even if is on private land? Considering that i parked and entered river on public land.

I would really appreciate your input. Thanks.

 

[Dugger]

... I wonder if this applies in some sense/form to "wading"

http://www.interlog.com/~erhard/credit.htm

 

[fishing89]

As someone once stated here (and I may be very wrong)

People can own the BANKS (land) around the river...but the actual water part is still public land.....now you may get booed and hassled off the water, but if what I said was true, then they "leaglly" cant do anything.

 

[emirribolov]

So basically i can wade thru river and stand in the river regardless if land around it is private or not.
Reason I'm asking i don't want any trouble . I respect peoples property .

 

[efka]

sometimes they own the bed of the river but not the water, so if you wade you're trespassing, but you're ok if you are in a canoe or float tube.

 

[emirribolov]

Well ,in this case they are talking about river i want to go fly fish. They don't own the bed?

 

[NADO]

it all depends on if the river is considered navigable or not. If it is considered navigable than 99% of the time they will not own the bed. If the river is not considered navigable then you cant walk the river.

The hard part is finding out what the river is classified as.

 

[fishing89]

sorry for my slightly wrong info then.

Wouldnt most "large" rivers in the GTA like credit and humber be considered navigable?

 

[emirribolov]

I'm just researching and there is couple web pages explaining how and where to access C. R
main web site is
http://www.creditvalleyca.ca/
a lot info there.
Thank you guys.

 

[Knuguy]

. If the river is not considered navigable then you cant walk the river.

The hard part is finding out what the river is classified as.

This whole issue is quite confusing. Even if it's not navigable the property owners may not own the riverbed. It depends on their deed. I understand that in the past it was unusual for the landowner to own the riverbed and it's quite rare in any new deeds.

 

[Brian]

NADO's answer pretty much sums it up for ya...

 

[miles]

I believe many rivers are considered navigable, I know someone who wanted to put a bridge over a small creek (normally running about a foot deep and 5 or 6 feet wide) and had trouble because it was considered navigable

I find myself walking on the banks from time to time when wading down a river. Also people wonder what you are doing and come out and watch you sometime, I hardly ever wade on private property without permission just because it seems to bother some land owners and you can end up trespassing without intentionally doing it. I preffer to just talk to the land owner so they know why you are there.

Like others have said it is confusing so I like to stay on the safe side.

 

[chalkhorse]

The navigable waters act has been seriously diluted by the harper government. A river, lake or creek no longer is considered applicable by default, but rather by official designation. See link...


http://www.waterkeeper.ca/2012/10/19/second-omnibus-budget-bill-alters-navigable-waters-protection-act-the-vancouver-observer/

 

[chalkhorse]

The full and complicated text of the bill can be found here...http://www2.macleans.ca/wp-content/uploads/2012/10/C-45-Jobs-and-Growth-Act-2012.pdf

 

[chalkhorse]

Canadian public right of navigation is not written anywhere – it is a right that has developed over time through Common Law. If the waters are navigable, then the public has the right to navigate. Gaining approval to restrict the public's right to navigate can only be done a few ways, including an Act of Parliament.

 

[[email protected]]

if it says private land, stay off, or get permission, wading through the river will cause issues

 

[staffman]

if it says private land, stay off, or get permission, wading through the river will cause issues

x2

 

[NADO]

if it says private land, stay off, or get permission, wading through the river will cause issues

Unless you know the river is considered navigable. Alot of people like to put no trespassing signs where they arent supposed to which I have no patience for. And if their sign is in the right place then ofcourse you cant walk on their property but if you access the river at a bridge then you can walk right past their no trespassing sign as long as you stay in the river.

 

[rich_ace_G]

Becareful...some people think they own the land beneath the water you wade in. I would agree with Nado...If there is public access to the water then why not? But most homeowners think otherwise.

 

[[email protected]]

Becareful...some people think they own the land beneath the water you wade in. I would agree with Nado...If there is public access to the water then why not? But most homeowners think otherwise.

just because there is public access, doesn't mean the land is public, i know of an area, where the river is very accessible by the public, but the land is posted as private. and yes, the landowner has a kings deed that says he owns the riverbed