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Discussion Starter #1
I’m hopping to find someone more knowledgeable on this mater.

Assuming I’m fishing on a river and on the banks are private properties or any form of association or first nations that have legal possession of the land adjacent to the river, am I trespassing?
It is in my understanding that the river itself plus a certain distance on both sides (it might be something like 15m, but I might be wrong) can not be someone’s property. Something similar for example with the Right Of Way for BC Hydro, if such ROW crosses your property you don’t legally own that land.

I have in mind rivers like Seymour, where even if you have limited access to the river due to private properties ones in the water you can move up and down, despite the fact that some fences are coming all the way to the water.

I’ll appreciate some comments.
 

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The general rule is, all water belongs to the crown, up to the high water mark. There ae a few exceptions that I can think of, specifically some properties on the Alloutte River extend to the centre of the river (properties on both sides share the river) and so are off limits. I am not sure about the Seymore, but I am sure someone else will pipe in.
 

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The crown does not own any land! If they do I would like to see the bill of sale on this one!
And further to that the highwater rule on "Indian" land is no force or effect and yes you would be tresspasssing as it is still "private" Hope this helps!

hotord
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Big Qualicum River, the band there owns the water on their territory, court case was precedent setting and you do not have access wading or with a pontoon.


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The crown does not own any land! If they do I would like to see the bill of sale on this one!
And further to that the highwater rule on "Indian" land is no force or effect and yes you would be tresspasssing as it is still "private" Hope this helps!

hotord
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::) what century is it? Now a days isnt everyone supposed to be equal?
 

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It is to my knowledge that the waterways and the banks are under Crown's ownership - for public use.
Unless there are very special regulations.

Fences going into the water mean nothing - even at Deep Cove one could make a Bbq on the sand between fences in front of any private home.
The access is another thing - asking politely the owners would open the door - even on a FN land - based on my experience.
 

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Discussion Starter #7
Don’t get me wrong I fully realize that you get further with a smile and being polity. On the other hand is easier to ask/receive forgives then permission.

Thanks for your thoughts; however looks like I’m were I started.
 

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Don't know if this helps but here in Manitoba there are exceptions to the crown land rule. Contacting land titles office can help alot in finding out where private ends and public starts.
 
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