shore line access in rivers,creeks etc

[vinnimon]

I know that this will get ugly very quickly.But my question is are we allowed access without permission on a shoreline in a non emergency.Such as I am walking the shore in a creek or river while fishing.From my understanding a while back looking threw the fisheries act you can access a certain amount of shoreline for emergency purposess.And it was measured at high tide.Does this apply to non emerg.Can I walk threw the creek?Or I have to be in a boat,so i dont walk on his land.As I always leave a thank you gift for the owner or at the house on the property.I fished a fence line off of 86 this summer,a menenite came down and I thought he was going to freak out,he told me to go past his barn and use worms.I got my limit.I kept one and gutted the rest and left them at his door on ice.Ill be back for sure.

[timmeh]

This doesn't have to get ugly but it will be tricky. It all depends on the river or creek.

 

Generally if the river is considered navigable, the river bed is most often public, but this is not always the case. There are some exceptions where the riverbed is in fact private and you can be charged so be careful. But in general; larger systems are often public and the smallest ones aren't, while the middle ones...?That can be tricky.

 

But your option to ask the landowner is always the best bet. But keep in mind sometimes people think they own the river and the water when in fact they do not. I've never done this cause honestly, if the land owner doesn't want me there I'd rather not mess around, but if you really want to know, go to the local registry office and have a look at the deed to the land. They will tell you if the river bed is privately owned or not. If it is not private you may walk in the water, if it is you can't.

 

As far as an emergency, use common sense. If I'm in a public river and in the case of an emergency I need to enter private land, I'm doing it. I'll take the risk of a trespassing charge to avoid whatever emergency. Plus if it's a legit reasoning no cop will charge you.

Edited December 23, 2009 by timmeh

[Muskieman]

But wasn't there a time when 4 meters from the water up onto shore was crown land?

 

I remember a old boss of mine telling me that he had canoeists camp in his backyard for a weekend sometime in the 90's on the Upper Sturgeon River{downtown Sturgeon Falls}.... The Police and the MNR were called and there's nothing that they could do about it... It was deemed crown land so long as there wasn't a structure in place the same width as the property such as a dock or breakwall... for that reason his dock is now 66 feet wide.

 

I never thought much about it....

 

Just rent a Raccoon costume and you'll be fine or fined

 

RFS

[basketclam]

I agree with timmeh - this is not a black and white issue. Some rivers that are navigable have had portions deeded to private landowners (i.e. if there is an historic mill on a navigable watercourse, the mill pond is usually private property).

 

Your best bet is always going to be knocking on the door of the adjacent landowner. Even if they don't own it, you can get into a pretty sticky situation if they THINK they own it. Or think they should own it. Or think they should be able to control access. Etc. Etc. Knock and make a friend.