Road Easements

[jamfarm]

Is it legal to use a road easement through private property even if there is no road built, just a walking trail?
Thanks!

[Pemby_mess]

I would say no. An easement typically has a prescribed use attached to it. It doesn't necessarily convert private property to public. I think it might depend on the specifics of the easement. You can call Front Counter BC, and they should be able to give you those specifics as they pertain to the easement in question.

For example, many road easements are prescribed to connect an other islanded private parcel, not necessarily connecting the crown land that you're attempting to access.

[Salty]

An easement is usually just an agreement to let another party or parties access so not necessarily public access. If its a right of way technically anyone can walk on it even if its not developed. And then there's the court of common sense and good citizenship if its going to freak out the owners of adjacent lands by them being used to solitude, or maybe they've casually developed the R/W (which they're not supposed to) probably best to knock on a door first.

[walks with deer]

as salty said most easments have a specific purpose which will be written on landowners title...if you pull title and read the paticulars your answer will be there...

ex..i had a water access easment that was being abuised...i read alot of legislation amd had it shut down..
unless you have a lawyer on payroll i would leave it alone...

[jamfarm]

For clarification I've attached the survey plan of the road in question. It is the spur that runs off the main road in a north east direction.

http://www.huntingbc.ca/forum/attachment.php?attachmentid=7103&stc=1

[Keta1969]

Depends on the stated use of the easement. For example I granted a sewer easement thru my property. It takes up 3 meters down my proprty line. It is not for a walking trail, I can fence it in grow have lawn on top of it etc. but if they need to dig it up for repairs they can. Easements are generally an agreement between the property owner and the authority seeking it for a special purpose. That looks like a road allowance and could be in a plan for future use but unless the road is there I don't think you can use it. Must be thru private land if you are asking so I would ask the landowner.

[Salty]

That looks sort of like a legal survey plan (which is what creates a road right of way) but what's missing is iron pins (I.P.) at property corners and right of way corners. That might just be some unrelated engineering drawing or a draft idea. Call whoever's name is on the plan header and ask, I'm guessing it won't be a land surveyor which is the only person that does legal survey plans.

[jamfarm]

That looks sort of like a legal survey plan (which is what creates a road right of way) but what's missing is iron pins (I.P.) at property corners and right of way corners. That might just be some unrelated engineering drawing or a draft idea. Call whoever's name is on the plan header and ask, I'm guessing it won't be a land surveyor which is the only person that does legal survey plans.

It is a survey plan, I was able to get it from either Parcel Map or the B.C. online cadastre. I cropped it so the whole world doesn’t see the exact area I’m referring to. Don’t think there were any phone numbers on the survey though, that’s why I wanted to get your guys opinions.

[Wild_Dog]

Is there a Plan Number cropped off beside where it says "Road" If there is then it is a legal road. If not more investigation is needed. I have access to Land Titles if you want to PM me.

[S.W.A.T.]

Private or public land?

[CranePete]

An easement is essentially granting right of trespass to a named party for a specific purpose. Not to be confused with a gazetted road, which is 100% public access.

[S.W.A.T.]

An easement is essentially granting right of trespass to a named party for a specific purpose. Not to be confused with a gazetted road, which is 100% public access.

But a easement is between agreed parties. Usually.......

[CranePete]

But a easement is between agreed parties. Usually.......
Well, I’m neither a lawyer nor a surveyor, but I think you’re answering your own question. An easement is granted on PRIVATE property. Should you wish to access an easement, you should discuss it with the owner of the property. My opinion...
CranePete

[Wild one]

Is it you want to walk through to access crown land?

If so have you tried asking permission from the property owners?

I have found some property owners have no issue granting permission to cross their land to access crown if you are on foot. If they have had a lot of issues with trespassing they can be jaded and unwilling to grant permission though. I have found it much easier to get permission to cross private land to access crown then get permission to hunt private land

Its surprising how just being respectful and asking can open up options but if they area has a history of trespassing or people shooting on private land without permission it can be difficult