looking for some help

[knotaclue]

I know this topic has been brought up over and over again and I’m sure it will be discussed again. But I need some help in seeking the truth.

Where can a guy find, in text or in print, the law that states “ownership of land in which water flows over? I don’t know if that’s the right way to put it? So here’s my story.

I own a piece of land that a small creek flows through and have neighbors on either side of me that the creek flows over there land also.

We were discussing the fact that in my yard, there is a large deep pool cased by a waterfall that the fish hold in. We were talking about who has the right to fish there,

Now I really don’t care if the neighbors’ want to or not but I mentioned that if they were to get hurt or my dog bit them when there “I” would be responsible.

One of the guys tried to feed me a line about being able to walk the river bed and no one owns that. I told him that he needs to look in to that, as his dog loves to play in the creek and I would not want to see some stranger bit and him on the hook.

I know that the region that I live in has asked the land owners not to interfere with the creek bed in anyway and before I go and say something wrong. I was wondering if anybody knew where I could find it so they can read it for themselves.

[gellers]

I once checked into the same thing. I found a nice pool with trout. The guy who owned the land told me I could not fish it, but since I seemed to be a nice guy he would let me stay for the morning.

I called the ministry and was informed that if someone pays taxes on the land on both sides of water then he/she has the right to restrict access.

[holdfast]

Good Question, For example I followed a stream from a public Road where there was no fence or posted signs. It was a km from any house. It could of been somebodys property. Who doesnt own something these days. Anyways this guy must of cut through the woods and followed me a km or so. ( seen his footprints after I backtracked) and told me that he was worried that his dog would eat mine. I

I asked him if I could fish but he said that there was better fishing at his neighbors property. I was in the bush and following a stream. Do I have the right. There were no signs posted. But this stream meandered 400 meters behind buddies house. He followed me from the road and the stream took a turn that carried on 400 meters behind his house.

[FinS]

lol no one owns water

dont let that fool ya

especially on lakefront property( no one owns the water not one single person ) not even the goverment

maybe around it but not the water

 

example

this guy owns a marina with 20 docks you stand on it he kicks you out , you go the next day in a canoe he says get out you tell him you own,,,, the docks but you dont own the water

he can do nothing absolutly nothing unless you pull a gun on him or put litter all over

[FinS]

lol

[Mandy]

Riparina Rights - Primary Definition

The right of an owner to the use and enjoyment of water which flows across or along his land. It includes a right of an owner of land abutting a body of water to make use of the water area for piers, boat houses, for fishing, boating and navigation, and the right of access for such purposes, which right is limited by public need if on a navigable stream.

 

http://www.tbs-sct.gc.ca/rpm-gbi/lexicon-l...e=EN&id=108

 

Water Rights

Water rights refer either to shoreline, riparian rights or to percolating water.

Shoreline land title depends on whether the water is navigable or tidal. If the waterway is not tidal or navigable, such as a narrow river, the common law rule is that title extends to the middle of the river. If the water is navigable or tidal, property extends only to the high water mark.

Click the link to continue reading...

 

http://www.duhaime.org/Real-estate/ca-re11.aspx

[just2manylures]

I don't know the answer....but...uh...where do you live? Sounds like a hot spot! hehe

[JFR]

Here is a link to a well written essay on Navagible waters in Ontario. There may be links contained that will direct you to the appropriate statutes relating to water rights.

 

http://www.greybruceoutdoors.com/guestwrit...blewaters.shtml

 

John

[Terry]

the high water mark only apply to water affected by tides not yearly hight water levels...

there are some lands that the owners do own the land under the water(not many anymore) ..

 

the thing to do is take canoe and float down the stream/river you want to fish......and video the trip...believe it or not doing the same thing in the winter on a snowmobile counts too..it proves it's navigable.........

then keep a copy of the write up in Mr JR's link and you should be good to fish......unless they have a gun

[irishfield]

and you should be good to fish......unless they have a gun

 

or if you have a gun to shoot their Doberman...in the case of the Forks of the Credit !

[knotaclue]

Sorry for the late response, I’ve been away for awhile.

Thanks for the great reading and all the advice, the bit about taxes is funny because the city says I pay taxes on the land the water flows over, since it runs right through the middle of my property, so I’ve been in contact with the region and the province and I’m waiting to hear from them. So this could take awhile? Anyways “happy fishing” and good luck <\\><

[lunkerbasshunter]

when i was a kid i used to fish the creek where glen abby golf course runs through. we used to get kicked out for walking the shore line. One day a buddy of mine had an inflatable kayak and we drifted through and when they called the cops on us the cops said there was nothing they could do since the water is not owned by the course. we just wanted to fish. although i totally understood the golf courses point of view. alot of kids were down there stirring up ----.

 

anyway after that i never got bothered again even when i walked the shores.

 

Cheers!

[GbayGiant]

US laws, not sure if there the same but I think they are.