Landlock crown and access
- Thread starter MDR
- Start date
You might want to check that the Crown land is still Crown land, over the past few years Ontario MNR has been selling off landlocked parcels of Crown land. The land under the hydro lines is still private land, at least the one that ran across my property was, so you will need permission from that landowner.
I have been on forests across Ontario as part of my work. There are numerous areas throughout the Ottawa Valley, Mazinaw-Lanark and French Severn Forests, and some farther north (i.e. Lakehead Forest), where logging roads cross private land to access crown blocks, the roads are considered private and the logging company has permission it use it to do forestry work.
Biggunners
CGN Ultra frequent flyer
- Location
- MOSTLY LOSTED
Check with city. Some outfitters put up Private Property signs just to keep away local hunters. Find some one at city hall who does development and planning.
Use of parashoots are still legal and chopper hovering above tree lines and para-cords.
If there are waterways, use canoes or just sneak in the middle of the night.
Use of parashoots are still legal and chopper hovering above tree lines and para-cords.
If there are waterways, use canoes or just sneak in the middle of the night.
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- Location
- WMU248 near Edmonton
A hydro line (power line) on crown land would be a lease, not private land, in Alberta its an easement (EZE) for under the lines and if I recall correctly the poles, pylons, and any gyewires are on licence of occupation (LOC). If there is a road it would also be held under a LOC. Different licences give the lease holders different rights.
But this is the Alberta system so not much use in your case. And its been 10 years since I worked in forestry so I've forgotten a few things.
But if you look up the lease holder and type of leases and conditions attached to the lease you can see what rights they have to restrict your access.
But this is the Alberta system so not much use in your case. And its been 10 years since I worked in forestry so I've forgotten a few things.
But if you look up the lease holder and type of leases and conditions attached to the lease you can see what rights they have to restrict your access.
I have looked on CLUPA and it is private land in parallel with the main road for roughly 400m back. The logging road splits off the main road and travels through the 400m of private. CLUPA then indicates it becomes crown about 50m before the powerlines so I think worse case scenario I take the powerline route or try and find the lease holder.
It also depends if there is a "historical highway allowance", which is basically any pre-existing access road across private land that accesses crown land. There was a case in BC where the new landowner put a gate across the historical highway allowance, and it caused a confrontation with a group of hunters. Not sure what came of it, but it was posted here before.
blasted_saber
CGN Ultra frequent flyer
- Location
- A blue part of Ontario
If the logging road crosses private land you are not able to use it. The landowner has every right to restrict use, as its his land. If the logging road is built on the road allowance between concessions you are able to use it.
If there is a right of way then you also need to make sure it's also been registered after it's initial creation.. any claim to rigth of ways need to be registered every 40 years
http://lawoftheland.blogs.com/law_of_the_land_canadian_/2005/04/do_you_have_a_r.html
assuming it's crown land then it might be safe to assume it was been registered/maintained.
The Crown lands act allows for creation of rights of way to access the crown land
a right of way is just that.. a right to use that travel way to access the land.. it's a legal right.. you don't need the owers permission as long as you are damaging/changing the land on which it passed (eg simple travel ).. just bring the supporting legal documents (registered property map which shows the right of way)..
when/if challenged, then produce the map and then go on your way..
http://lawoftheland.blogs.com/law_of_the_land_canadian_/2005/04/do_you_have_a_r.html
assuming it's crown land then it might be safe to assume it was been registered/maintained.
The Crown lands act allows for creation of rights of way to access the crown land
a right of way is just that.. a right to use that travel way to access the land.. it's a legal right.. you don't need the owers permission as long as you are damaging/changing the land on which it passed (eg simple travel ).. just bring the supporting legal documents (registered property map which shows the right of way)..
when/if challenged, then produce the map and then go on your way..
Do your homework or you end up looking like a right chump when the face-off happens.
As one of the owners of a property that land locks a large qty of Crown land, my family has an agreement for access through it on a logging road that has existed for ~50-75 years, with a logging company that has the rights to the wood above us.
They pay us a fee for every cubic meter of wood they haul across the property, among other things, and the road is still private property, not public access. This last point has been rather lost on a lot of folks that seem to think that because it has a sign that says No Trespassing, that it does not apply because there is Crown land at the other end of the road.
Take the easy route. Make friends with one or more of the landowners. Or, as was suggested by another poster, get on with your life and find a easier to access spot.
Cheers
Trev
As one of the owners of a property that land locks a large qty of Crown land, my family has an agreement for access through it on a logging road that has existed for ~50-75 years, with a logging company that has the rights to the wood above us.
They pay us a fee for every cubic meter of wood they haul across the property, among other things, and the road is still private property, not public access. This last point has been rather lost on a lot of folks that seem to think that because it has a sign that says No Trespassing, that it does not apply because there is Crown land at the other end of the road.
Take the easy route. Make friends with one or more of the landowners. Or, as was suggested by another poster, get on with your life and find a easier to access spot.
Cheers
Trev
This is something you need to research from the registry office. Is this hydro line a single pole line or is it those massive tower lines? If it's a single pole it may be going across private land . If it's a large tower line the power company may own the land or has a long term lease in which with their permission you can cross. This logging road may also be a temporary easement in which the logging company may have " rented" access from a private land owner with or without their consent. Another wAy in May be through water access. Sometimes even though it's private land they do not own the waterway and you may cross by boat or walking if shallow enough. You will have to definately do your homework on this and it can get expensive at the registry office . May be easier to find another place to hunt. Good luck .
What he said ^ . Make friends with the land owner. A nice bottle goes a long wAy.
What he said ^ . Make friends with the land owner. A nice bottle goes a long wAy.
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Not necessarily, we bought an undeveloped road allowance that adjoins our farm and leads to the US border and land locks a small mount of crown property many moons ago and have been paying taxes on it since. Our main approach to the farm is the only access to the border from miles around because of other natural barriers such as a river and a forest. RCMP approached us some time ago telling us that we should leave our approach gate unlocked in case they feel like driving to the border unannounced. Carefully considering(for all of 10 seconds) the risks vs benefit the answer was no and that was the end of that.
Roads and power poles mean very little as they can be legally private. Given your description the road sounds private where it crosses private property but even that may not be enforceable in court depending on age, location, destination, etc.
Check with the relevent municipality as they will be able to inform you of the bylaws related to travel on open and un-open road allowances in their jurisdiction and the location of the road allowances in the vicinity of the crown land. The provincial Ministry in charge of the crown land can inform you as to how the land should or if it can be accessed.
Check with the relevent municipality as they will be able to inform you of the bylaws related to travel on open and un-open road allowances in their jurisdiction and the location of the road allowances in the vicinity of the crown land. The provincial Ministry in charge of the crown land can inform you as to how the land should or if it can be accessed.
