Trespassing with Permission?

[irishfield]

I know nothing of this property, but would suspect that it was originally one single parcel of Patent Land from the mid 1700's to late 1800's. If there isn't a navigable river in or out, then the lake bed is also part of the parcel. Water may very well be included as part of the patent as well.. similar to the marsh off of Scugog. If that is the case, I would be tresspassing if I landed on said lake...but that's dicey.. as if I take off before I'm charged I just made the water surface an aerodrome and the province has no constitutional capacity to access planning power over an aerodrome, so they would have to charge me in federal court to get anywhere.

 

Since the property surrounding the lake is privately held with no municipally owned allowances or easements then it is what it is.. private. I presume the original land owner applied for and was granted a plan of subdivision and was given same without the municipality asking for a "green space" or assuming the roads. Considering what many old Crown land patent transfers have written in them the township really had no jurisdiction over anything the developer did anyhow.

 

To skip all the someone take the time to find out what the original parcel of lands registration # is and what municipality it was in when the patent was granted a hundred or two years ago. Submit the info to the MNR in Peterborough and blow the $32 ($50 for a certified copy) and find out what the real deal is. Oh.. the current wait to get a copy of a Crown land Patent is 6 to 8 months... as I'm waiting for mine.

 

Launch from the guys yard that is giving you permission.

[Cookslav]

simple answer,

As some have said...get a letter.

 

If your freind "owns" property and gives you permission to access your not breaking any laws.

If your freind "owns" property but has signed a club membership that prohibits him from inviting guests that are not in his presence....your still not breaking any laws, but HIS membership may now be in question.

 

But for the life of me I have NEVER heard of a lake where you can own property yet not be allowed to have a guest enjoy it with out you being present....might as well just rent, as to me thats FAR from ownership???

 

Cheers,

[whitbyboatguy]

Launch from the guys yard that is giving you permission.

 

In the OPs case he said he launched for a common area. There is a lake around Toronto called chalk lake. SOME people around the lake that do not have waterfront have access to a common beach area.

I think I will send an air balloon carrying rockbass, gobbies, carp and pike over that way one of them will stick.

[Rizzo]

find another lake, and just fish that one when the friend will go with you. If you keep pushing the envelope your friend will become very unpopular with the neighbours, and soon won't be a friend anymore. If this was the only lake in southern Ontario you fight for it, but with so many other great opportunities around I personally wouldn't waste my time

[Lokka]

get a letter from the Homeowners.. they can't do crap to you if you have permission as it is a communal launch. (unless it is owned by 1 person and they do not want you to launch out of there). They can take it up with the Homeowners if they want to. Most of the time it's just people being bitchy because they want to have the lake all to themselves. They couple may have been saying the cop line to scare you off because it's easy to say "my friend gave me permission". A letter solves it all.

Edited September 13, 2011 by Lokka

[woodenboater]

you know, all it would have taken would have been for the couple to be polite from the start. come over and say hi, ask who you're a guest of and if you know you're not allowed to put in at the beach. and to have a good day fishing. you'd think the privileged would show a bit more class.

[The Urban Fisherman]

I could make it one if it's longer than 2000 feet !

 

hahahahahhaha

[KMcD]

I had the trespassing law explained to me that there has to be a complaint from the occupant of the property for

there to be a anything for the police to

charge you with so without the occupants there to complain I don't know how you could be charged.