Crown Land, Land Locked by Private Land

md519

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So,

If there's a section of Crown Land which is completely land locked by private land, does the owner of the private land have to provide some type of access?

I've been searching online but haven't come up with anything.
 
I can't imagine a parcel of crown land entirely surrounded by one individual property owner, but if it was, I'd say you were SOL. Unless you were leasing the crown land AND there was a right of access in the deed to the other property, I'd say you'd be hooped.
 
Check with the local authority, such as the Rural Municipality - if that's what they call it around there. They'll tell you if there are road allowances or rights of way.
 
It must have an easement or some sort of right of way and in case the land has water or waterways then you can use canoe or bi-plane or check your local hunting shop and city hall will provide you with all the info. And make sure if they let you go through their land ,you have a cased firearm and not shooting from / into their land and if they have walkway along side of stream or river then you can use it , legally there are few meters of land abutting water is belong to PUBLIC ( you )
 
A private landowner does not have to provide access. As mentionned there may be access by a road allowance, water, etc.
 
If it is in the prairie provinces in an agricultural area then there HAS to be access via surveyed road allowance. Road allowances may or may not be maintained but they do exhist every 5280 feet. Some of landowners annex these long strips of crown land and thus think they own them.
 
As you can see by the responses, some of which contain real factual information and not just opinion, the answer to your question depends on where you live.

Your best bet is to contact your provincial or territorial "natural resources" office, by whatever name it goes where you call home. In Ontario that is the Ministry of Natural Resources.

BUT...............and this is a big BUT...............you may find that there IS no clear-cut answer to your question, and you will need to go to the offfice of the municipality (city/town/township in Ontario) to inquire about the specific parcel of land in which you are interested.

I certainly am aware of locations in Ontario where there is NO land access to a given piece of Crown Land, because 100% of the surrounding property is privately owned. This also applies to bodies of water - so if all of the land around a lake is privately owned, you may only access that (PUBLIC) lake by air.

Good luck!

Doug
 
The flat prairies were serveyed for access to every quarter section, like some one mentioned.
But in mountainous BC, the crown land is often land locked, with no legal direct right of entry. as the man said, SOL.
 
The flat prairies were serveyed for access to every quarter section, like some one mentioned.
But in mountainous BC, the crown land is often land locked, with no legal direct right of entry. as the man said, SOL.

This situation exists adjacent to some PRIMO elk country in Alberta`s SW foothills as well. You can get at it from the `back` side, but it`s a long way!
 
In BC, get a mining license then stake a mineral claim where you want to go. Hell, why not stake a mining claim right under the land owners surrounding the crown land?!

It gives you the ability to "scout" your claim, regardless of who owns the land your claim is on. Further proof that we don't own anything.
 
I own a small chunk that a guy needs to get to his 100 that is landlocked. Right now, my small chunk with road frontage is worth quite a bit more than his 100!!!
 
I can't imagine a parcel of crown land entirely surrounded by one individual property owner, but if it was, I'd say you were SOL. Unless you were leasing the crown land AND there was a right of access in the deed to the other property, I'd say you'd be hooped.

Got to be a road allowance there some where? FS
 
In BC, get a mining license then stake a mineral claim where you want to go. Hell, why not stake a mining claim right under the land owners surrounding the crown land?!

It gives you the ability to "scout" your claim, regardless of who owns the land your claim is on. Further proof that we don't own anything.

Time to recomend some remedial reading!

Download a copy of the Mining Act for BC. There have been some recent changes (past five years or so) that give land owners a lot more rights than they had in the past, as well as requiring "miners" to actually substantiate that there is bona-fide work being done, plus provide such things as written requests to access (which they must negotiate with the land owner) as well as to have a written work permit signed off by the Mines branch, before work can commence. They are also required to compensate the land owner for damage and losses to crop production, etc. Even then, there is no vested right to access land by crossing private property, to which you do not have a mineral claim.

You also cannot use the claim for purposes other than mining.

We just went through all that to get a "miner" booted off our property in BC. The Claims Inspector was very helpful!
The guy had a pretty nice holiday camp set up, and moss growing on all his "mining" equipment.

In BC, many property boundaries are surveyed out into the watercourses. It depends on when the survey was done, how it was recorded, so "watercourses" as an access route may not be a good one either.
Same goes for Mineral Rights. Many properties are still on record as having the mineral rights included in the Title.

Cheers
Trev
 
It must have an easement or some sort of right of way and in case the land has water or waterways then you can use canoe or bi-plane or check your local hunting shop and city hall will provide you with all the info. And make sure if they let you go through their land ,you have a cased firearm and not shooting from / into their land and if they have walkway along side of stream or river then you can use it , legally there are few meters of land abutting water is belong to PUBLIC ( you )

I've investigated River access in Saskatchewan, and unless you can access the high water mark, you're sol (and even if you can access the high water mark, there are some landowners that will fight tooth and nail to lock up river access). I've had a conservation officer grant me wheeled access via a combination of my land, RM allowance, and crown land. It is very difficult to get access in Saskatchewan. BC has different crown land access provisions. If there is an existing trail, a private owner cannot block it if it accesses crown land. Recall a confrontation in BC between a farmer and hunters accessing crown land via an existing trail across the farmer's property.
 
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