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Thread: Private Property blocking access to public land

  1. #1
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    Default Private Property blocking access to public land

    The Canadian Press
    B.C. high court finds in favour of large landowner in fight over access to lakes

    This was an interesting ruling, does it apply Canada wide or is it just a B.C. thing. In this case the rancher was able to block access to public lakes, they were land locked by his ranch. Is it the same here in Ontario?

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    Quote Originally Posted by Gun Nut View Post
    The Canadian Press
    B.C. high court finds in favour of large landowner in fight over access to lakes

    This was an interesting ruling, does it apply Canada wide or is it just a B.C. thing. In this case the rancher was able to block access to public lakes, they were land locked by his ranch. Is it the same here in Ontario?
    Pretty much the same here might even be worse, there are plenty of Tourist camps up north that restrict access to public Lakes and Crown land for portions of the year, while their paying clients enjoy the land and lakes.

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    I believe it is unless you can access the water body by a/c.
    What's even more disturbing about the BC ruling is that the land surrounding the lake is owned by an American. That's rubbing it in.

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    Quote Originally Posted by sawbill View Post
    I believe it is unless you can access the water body by a/c.
    What's even more disturbing about the BC ruling is that the land surrounding the lake is owned by an American. That's rubbing it in.
    There is a lake not far from my cabin that is pretty much surrounded by two properties owned by americans. There is a small chunk that is crown, however totally inaccessible due to a mountain? Up until one of the properties was sold, folks could always access the lake. The new owner (american) then completely closed off the road and built a big cottage. The "no trespassing" signs were posted and word got out that he was aggressive with anyone caught. Basically from what I've heard he was an arse to the neighbours and did not fit in whatsoever with the locals? Anyway, long story short, the cottage burnt to the ground one winter day. He hasn't rebuilt and for the most part, everything is back to normal as it was prior to him buying the land.

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    Might find myself in the minority on this, but unless there's some kind of deeded access, I don't have a problem with it.
    Just think about the problems land owners have during hunting seasons. I know property owners that have popular streams/rivers in the back 40 who are forever dealing with tress passers, litter and refuse left behind etc. Constantly replacing no tress passing signs, finding guys hunting, etc, etc etc.

    I doubt many here would be ok, with a dozen teens deciding to party in their backyards, jump in the pool etc.

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    Quote Originally Posted by Bushmoose View Post
    There is a lake not far from my cabin that is pretty much surrounded by two properties owned by americans. There is a small chunk that is crown, however totally inaccessible due to a mountain? Up until one of the properties was sold, folks could always access the lake. The new owner (american) then completely closed off the road and built a big cottage. The "no trespassing" signs were posted and word got out that he was aggressive with anyone caught. Basically from what I've heard he was an arse to the neighbours and did not fit in whatsoever with the locals? Anyway, long story short, the cottage burnt to the ground one winter day. He hasn't rebuilt and for the most part, everything is back to normal as it was prior to him buying the land.
    So.......the guy doesn't want trespassers (liability?) and his cottage is burnt to the ground. Now things are back to "normal"? How is this acceptable? He bought the property. Now he's been bullied into not enjoying it. The type of people who burn down cottages probably deserved whatever caused him to be an "arse" to them in the first place.

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    Quote Originally Posted by blasted_saber View Post
    The type of people who burn down cottages probably deserved whatever caused him to be an "arse" to them in the first place.
    I don't think there was an insinuation that the Locals burnt it to the ground....

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    Private land is private land. If access to public land is through it then tough luck really. Lots of people today have a sense of entitlement that blows me away. That’s why people purchase land, to have privacy/tranquility etc and enjoy it themselves haha. There’s more than one way to skin a cat and there’s work arounds to accessing crown land, most involve two feet and some sweat...

    Same goes for outfitters-lodges in the north, they are granted LUP’s to have a remote fishing camp on an isolated lake. When logging allows roads close by it’s not long before people find a way in. If there never was a road and the sole reason for said road is for logging, afterward the road should be destroyed and access restricted. These lodges are trying to make a living and due to logging activities their livelihood is now in jeopardy.

    I have zero issue with closing newly made logging roads to public access and is the main reason why I despise the OFAH stance on the issue.
    A person must understand that there were never roads before in these areas, closing them is good for wildlife and the environment. The decline of moose/deer/fish numbers in the north definitely has a correlation to access roads that are new and allow a person to atv/drive into areas that were once wilderness and inaccessible. The
    intention of these roads are to access lumber and costs associated with building them fall to the logging company and not taxpayers. I have fished/hunted/guided in northern Ontario for the best part of 35yrs and assure you that the days gone by are far better than what we have now and wilderness experiences are changing as we are running out of “true wilderness”.

    I have hunted a few states in the western USA. Huge tracts of state owned public land and even the private landowners are keen to allow hunters on their private lands. Atv and off road access is highly restricted/regulated and 99% of areas you need to access with a good set of hiking boots. The experience of being in areas untouched by giant 27” mud swamper tires and snorkel kits is something everyone should experience! Compare it to how we have screwed up our province where a person can’t find a chunk of bush without ruts/garbage/vegetation destruction. Our forefathers would be embarrassed about how lazy we have become and the way we have looked after our crown land in the province.

    short rant sorry..but if we continue on the path we are on we as hunters/fishers are going to see more private/public lands off limits. We just can’t be trusted to look after it sadly.
    Last edited by biggamer; March 6th, 2021 at 02:31 PM.

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    Sounds like the club will be appealing it to the Supreme Court. Interesting to see how that plays out. Whether they hear the case, and if they do how they rule on it.

  11. #10
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    I'm curious, if a lake is large enough that the surrounding property has a road allowance crossing through and intersecting the lake, wouldn't there be public access via that allowance? I'm not sure how that works with unorganized townships.

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