Laws regarding blockading FSR access

[KootenayKiller]

Hi there,

I am curious if anybody can provide insight regarding the legality of a private landowner blockading a small resources road which pass through their land. Does the landowner have the legal right to do this?

Specific the the situation I am looking at, there is a resource road that passes through a small parcel of private land and this was the only access point to the vast swathe of backcountry behind, which included longstanding and popular trails with cabins. The landowner erected a barricade blocking access to the road, claiming that travelers were loitering and/or causing damage to his property. Landowner is also known to have been giving hunters grief who were hunting near the property. Basically landowner is effectively blocking access to the community to create a private hunting paradise on crown land. I am looking to start a petition for the municipality to take action and restore access, but would like to know whether landowner is in the legal right to have erected this blockade before doing so. Hoping someone here may have some experience with this. Unfortunately there is no alternative access that would bypass the property.

Thanks,

KK.

EDIT: For clarity, this is not an FSR but rather a small resource road that was used for logging, and subsequently for development of trails and cabins that were used for recreation.

[bighornbob]

Perfectly legal. The forest company would have paid him trespass rights maybe just for the logging and maintenance moving forward. Does not give you rights to cross his land to access crown behind it. You are allowed to hunt the crown behind you just have to find another way in.

Look at another way, do you want people crossing through your yard and maybe your neighbors yard to acces the street behind you. I’m sure you will say no as would most. Same thing applies to the guy blocking acces through his land. Same thing for roads built through private land for cell towers or powerline. Those companies would have paid the landowner to cross that land in perpetuity (it’s called an easement or Right-of-way), this does not mean the landowner has to let anyone else through.

BHB

[KootenayKiller]

Good to know, thanks. I was hoping there was some sort of law allowing for an easement of sorts, since there was a longstanding history of using this road for access to trails and cabins on crown land behind. There is a creekbed that can be followed, also passing through landowner property, which as I understand is legal to travel through. Albeit on foot, of course...

[Night Hawk 3]

Depends if a legal right of way was established, or if the road has been in place historically and was gazetted.

You can can contact the BC Government to find out, probably the Natural Resource Officer service.

NH3

[walks with deer]

You will need to look at the regional mapping i have seen crown roads illegaly blocked but i have also seen people trespass where no easment is in place.

[MRP]

Depends if a legal right of way was established, or if the road has been in place historically and was gazetted.

You can can contact the BC Government to find out, probably the Natural Resource Officer service.

NH3

Bc government imap will show it if it’s a legal easement. Bc land assesment will too.

[high horse Hal]

You will need to look at the regional mapping i have seen crown roads illegaly blocked but i have also seen people trespass where no easment is in place.this can be the best way to approach the issue. Some egion districts will provide info on title holders so contact can be made.
but usually if the road is not gazetted = named, then it is private
the named and maintained portion may end at the gate

[Steeleco]

Approach the individual one on one an ask if you can seek that permission. Offer to help out around the place one weekend. You may then get PRIVATE access to the lands you seek? That's how the few folks I know get to hunt on private posted lands. Nobody ever asks the landowner!!

[ratherbefishin]

Unfortunately yahoos ruin it for legitimate recreational users..all you got to do is look at the damage and vandalism and you can understand a landowner restricting access

[northof49]

Bc government imap will show it if it’s a legal easement. Bc land assesment will too.

What layer in Imap would the road easements be under?