FSR access through private land

[joshbazz]

I was driving off the highway on to a FSR and google maps directed me through one area about 1km long that had a sign from Douglas Lake Ranch saying the road was private, even though it was an FSR. The sign said it was trespassing to drive on it without permission. I won't incriminate myself by admitting to, or implying that I may or may not have ignored such sign – but is that true about it being trespassing to drive through private land on a FSR? Rerouting is going to add some significant travel time.

I've called the road service number and only got the answering machine. Haven't heard back. I also searched the threads here and didn't see anything, except about the Douglass lake ranch losing a court case about blocking lake access. There are lakes south of the FSR in question, but there are forks of other FSR that lead there as well.

Thanks for any info.

[jan.wi97]

That is the area I stomp around in quite a bit... Elkhart turn off and then onto the FSR's
so far, I've only seen signs stating that property on either side of the road is private
and hunting forbidden.

My friend is the Nurse that see's the owner twice a week... I've been begging
to ask her to get me hunting permission

[Slinky Pickle]

There are many FSRs that cross private land. Some are public easements but many (like my property) are private with an easement for the forest company only. You'll have to dig a little deeper to find out for sure.

[RyoTHC]

I was driving off the highway on to a FSR and google maps directed me through one area about 1km long that had a sign from Douglas Lake Ranch saying the road was private, even though it was an FSR. The sign said it was trespassing to drive on it without permission. I won't incriminate myself by admitting to, or implying that I may or may not have ignored such sign – but is that true about it being trespassing to drive through private land on a FSR? Rerouting is going to add some significant travel time.

I've called the road service number and only got the answering machine. Haven't heard back. I also searched the threads here and didn't see anything, except about the Douglass lake ranch losing a court case about blocking lake access. There are lakes south of the FSR in question, but there are forks of other FSR that lead there as well.

Thanks for any info.

I believe I know where you’re speaking of, I had to do a lot of digging but what I was told was that it is private property and only logging / oil and gas companies have permission to access via said roads, being found beyond these points is considered trespassing, how enforceable or likely it is to lead to an issue is as good as guess as any but to the letter of the law it’s a no go.

another example is when private property has a power line running through it, they put a road to access the towers by the crews but said road is still private property and off limits to the public , even if it saves you driving time.

[joshbazz]

That is the area I stomp around in quite a bit... Elkhart turn off and then onto the FSR's
so far... Interesting, sent you a PM



There are many FSRs that cross private land. Some are public easements but many (like my property) are private with an easement for the forest company only. You'll have to dig a little deeper to find out for sure.
I called and left a message to an engineer for the area... I have a feeling they are going to confirm RyoTHC...


I believe I know where you’re speaking of, I had to do a lot of digging but what I was told was that it is private property and only logging / oil and gas companies have permission to access via said roads, being found beyond these points is considered trespassing, how enforceable or likely it is to lead to an issue is as good as guess as any but to the letter of the law it’s a no go.

another example is when private property has a power line running through it, they put a road to access the towers by the crews but said road is still private property and off limits to the public , even if it saves you driving time.
From what I could discern reading online FSR regs, I believe you are correct...

[Darksith]

another example is when private property has a power line running through it, they put a road to access the towers by the crews but said road is still private property and off limits to the public , even if it saves you driving time.

Well your not entirely correct on this one. The Right of Way for a power line is BC Hydro property. While they are the ones that can restrict access, the farmer/land owner of the area all around the power lines, can not enforce any tresspass concerns on that stretch, only BC Hydro can do that. BC Hydro will allow farmers and such to still use that land, but ultimately it is theirs not the land owners that surrounds it. BC Hydro does this for liability issues, ease of access for maintenance etc etc.

[northof49]

Well your not entirely correct on this one. The Right of Way for a power line is BC Hydro property. While they are the ones that can restrict access, the farmer/land owner of the area all around the power lines, can not enforce any tresspass concerns on that stretch, only BC Hydro can do that. BC Hydro will allow farmers and such to still use that land, but ultimately it is theirs not the land owners that surrounds it. BC Hydro does this for liability issues, ease of access for maintenance etc etc.

This isn’t correct:
BCHydro enters an agreement with landowner and then registers the Statutory Right of Way (SRW) against the title for each private land parcel. The agreement includes provisions for BCHydro’s access along the SRW to operate and maintain the power line. The private land owner can still install fencing and gates and restrict access to to everyone else (the public). Typically locks are installed at request of landowner to keep the public out. It can appear that it is BCHydro restricting the access due to signage, but it is usually because the landowner requests the signs/locks to be installed. Private land is private land, but some landowners don’t care and don’t require gates and locks.

[RyoTHC]

I believe this is not incorrect:
Typically BCHydro enters an agreement with landowner and then registers the Statutory Right of Way (SRW) against the title for each private land parcel. The agreement includes provisions for BCHydro’s access along the SRW to operate and maintain the power line. The private land owner can still install fencing and gates and restrict access to to everyone else (the public). Typically locks are installed at request of landowner to keep the public out. It can appear that it is BCHydro restricting the access due to signage, but it is usually because the landowner requests the signs/locks to be installed. Private land is private land, but some landowners don’t care and don’t require gates and locks.

bingo sir.

I believe this to be the correct answer. When I moved here several years ago and kept running into the private property signs I did many hours of research and what’s been stated here and what I said originally has been what was found to be true

so as far as the aforementioned road is concerned, use at your own risk. Is it likely there will be an issue ? No, but there could be if you’re there at the wrong time on the wrong day.

[LBM]

There are many FSRs that cross private land. Some are public easements but many (like my property) are private with an easement for the forest company only. You'll have to dig a little deeper to find out for sure.
Yes there is quit a few like this.

[LBM]

This isn’t correct:
BCHydro enters an agreement with landowner and then registers the Statutory Right of Way (SRW) against the title for each private land parcel. The agreement includes provisions for BCHydro’s access along the SRW to operate and maintain the power line. The private land owner can still install fencing and gates and restrict access to to everyone else (the public). Typically locks are installed at request of landowner to keep the public out. It can appear that it is BCHydro restricting the access due to signage, but it is usually because the landowner requests the signs/locks to be installed. Private land is private land, but some landowners don’t care and don’t require gates and locks.

Yes no a few different land owners that state it this way, people still knock down the gates and trespass though, and some have been caught so guessing the way you say it is right.

[Dutchmuch]

I own a piece of property with a hydro line through it. Only hydro has the right of way. I used to keep it open but people started using the road as a garbage dump. Now t it’s blocked off and hydro has a key to the gate. Sucks some people ruin things for everyone.

[walks with deer]

i hold private access to fsr..if they want to log they pay me..if you want access i will grant if your not a pig and safe..if your not trustworthy your not getting in.

[338win mag]

I know of 2 roads that pass maybe 50ft through private property....gate and access denied unless its forestry related activity, the entire area is off limits to everyone else.....My guess the reason the gates are still up and not cut down is the owners homes are near the gates.

[Camp Cook]

Get yourself a free miners license and use the road...

[joshbazz]

Got a call back from an engineer for the area. She said, for the FSR in question, the no trespassing sign refers to commercial use only – and that I was "good to go"... I wasn't expecting that, but now I won't have that "thief in the night" guilty feeling when I drive through :)

Thanks for all the replies! Happy hunting out there :)