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View Full Version : are river banks private property?



bruce44
08-16-2016, 04:48 PM
So my friend and I were floating down a river and we took a break on a piece of small gravel land a few feet from the river. A farmer came by and said we were trespassing. I thought river banks were public property up to a point but we didnt want a fight and left.

warnniklz
08-16-2016, 04:51 PM
I think the banks can be, but only above the high water mark... it's been awhile since I've had a look at that rule

bruce44
08-16-2016, 04:56 PM
I was definitely not at the highwater mark. We were literally 5 feet from the water just sitting and eating sandwichesWe were just doing a pre trip to see where good hunting spots would be.

604Stalker
08-16-2016, 05:07 PM
next time just smile apologise for being uninformed. He may have had a bad experience.. Or have nothing better to do. Play nice maby you will score some access? Sounds like a bunk move on his part but you would be suprised how many guys you talk to who have been burned. Give em an inch...

tomcat
08-16-2016, 05:15 PM
Generally on navigable streams private property rights extend to the high water mark, but there are some few exceptions where they extend into the water.

Davey Crockett
08-16-2016, 05:25 PM
There are some rare instances where private land ownership can include a lake or stream bed but in the vast majority of cases, this is crown land. Private land generally extends to the "natural boundary" of the stream or lake, which is defined in the Land Act:

"natural boundary" means the visible high water mark of any lake, river, stream or other body of water where the presence and action of the water are so common and usual, and so long continued in all ordinary years, as to mark on the soil of the bed of the body of water a character distinct from that of its banks, in vegetation, as well as in the nature of the soil itself;

Edzzed
08-16-2016, 05:53 PM
If one takes the high water mark after a flood, then what. You could be in someones house. I was always under the impression the mark would be where the wetness in the sand or rocks end.

bighornbob
08-16-2016, 06:44 PM
The high water mark is the general/average high water mark. A flood does not constitute the high water mark.

bhb

tomcat
08-16-2016, 06:51 PM
The high water mark is the general/average high water mark. A flood does not constitute the high water mark.bhb You are correct!

bruce44
08-16-2016, 07:55 PM
next time just smile apologise for being uninformed. He may have had a bad experience.. Or have nothing better to do. Play nice maby you will score some access? Sounds like a bunk move on his part but you would be suprised how many guys you talk to who have been burned. Give em an inch...
We just asked if he minded that we finish our meal first and we will head out. He said as long as we werent thinking of spending the night it was ok.

604Stalker
08-16-2016, 08:16 PM
Thats not too bad. I wonder if these laws are municipal.. Maybe you were off his lawn either way as long as it was a semi positive reaction then its a win.

goatdancer
08-16-2016, 08:43 PM
There still are a few properties that have foreshore rights.

wideopenthrottle
08-16-2016, 09:58 PM
i used to own some property in ontario where i actually owned to the center line of the creek but that is pretty rare..generally u do not own the shoreline in almost all navigable waters

Seeadler
08-18-2016, 06:04 PM
There are cases where people own the bottom/bank, but they are rare.