Some farmers purchase the adjacent road allowance from the RM provided the RM has no plans for future access. In these cases, the farmer does in fact own the RM allowance. You pretty much have to check with the local RM.
Crown Land, Land Locked by Private Land
- Thread starter md519
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If there is a creek that is navigable by canoe, then you can boat down that creek/river and as long as you don't touch bottom, you are not trespassing.
There is almost always a right of way or other easement for access to "land locked" parcels. Trouble is finding them. The landowners will always tell you they don't exist, but that is almost always false. They exist, but either they don't know about them or don't want to know about them.
One GREAT way is to go online to the local GIS system that shows the property boundaries. Often they will show municipal right of ways etc, but they don't show easements.
There is almost always a right of way or other easement for access to "land locked" parcels. Trouble is finding them. The landowners will always tell you they don't exist, but that is almost always false. They exist, but either they don't know about them or don't want to know about them.
One GREAT way is to go online to the local GIS system that shows the property boundaries. Often they will show municipal right of ways etc, but they don't show easements.
Yep, Double/single front townships here for the most part.
There is an old easement across a back property. Hasn't been used in years. He is trying to get that "reopened" but that landowner has him tied up in court.
He won't get easement over my property. Not a road anyways.
I did make him an offer to access his land, but he didn't want to buy mine.
I bought my land to hunt on. He bought the landlocked 100 after I bought mine. He's not putting a road through my land to get to his. Well, I guess ultimately maybe he could, but he will spend a lot of time fighting me for it.
In Manitoba,TWP 27 and on North, there is only a road allowance every TWO miles - ie: on the Twp line, two miles North, four miles North and then on the next Twp line. If there is a road on that one, three or five mile line the right of way has been purchased and ( usually) has a Plan of Public Road or, on the older ones, a Plan attached to a numbered municipal bylaw. And, since most of today's MB Certificates of Title in rural areas are conversions under the Real Property Act from the an old "Deed" ( Torrens title??) an access situation such as the OP outlined can make the lawyers and the Land Titles Office richer trying to prove there is legal access to some quarters / parcels, with no guarantee of success. Kayceel
There are probably better summaries, but this was the quickest government reference I could find.
http://www.tc.gc.ca/marinesafety/oep/nwpp/faqs.htm#01-01
Well, that rules out that as an access through about 90 percent of the "rivers" in the prairies. Most only have flow, let alone enough water to make it worth dragging a canoe into, during the spring run-off, or in the after-effects of a massive rainstorm cell in the drainage basin.
Really needs a definition of "navigable" to mean anything. I didn't dig around the site, to see if it was there.
Now that there is not a family on every quarter section, there is not the requirement to have road access available, so in a lot of places, the road allowances are being absorbed into the adjecent landowner's properties (and brought into the tax base), so a road allowance on a map is not a sure thing either, unless confirmed with the RM (Rural Municipality) or County. They tend to keep using the maps that they got printed years earlier, until they run out, then they update.
Simple answer, is that there is no simple answer. It really depends on a whole lot of different, overlapping circumstances.
Cheers
Trev
Really needs a definition of "navigable" to mean anything. I didn't dig around the site, to see if it was there.
Now that there is not a family on every quarter section, there is not the requirement to have road access available, so in a lot of places, the road allowances are being absorbed into the adjecent landowner's properties (and brought into the tax base), so a road allowance on a map is not a sure thing either, unless confirmed with the RM (Rural Municipality) or County. They tend to keep using the maps that they got printed years earlier, until they run out, then they update.
Simple answer, is that there is no simple answer. It really depends on a whole lot of different, overlapping circumstances.
Cheers
Trev
I'm not really sure. It was a cheap 100 acres and I think he thought he was gonna make some easy money off it.
City folks.......
There is a defination of "Minor waters" that is in the gazzette, not quite law yet, but being applied. Determinations of navigable waterway are site specfic, a waterway can have navigable and non-navigable sections. Also a waterway can navigable for a portion of the year and not for the other parts. It's quite complicated. You can access to information the regional office for all files related to that paticular waterway, if it's called fish creek be specific in it's location as there are many fish, bear, cold, etc creeks. If you can float your canoe down it, chance are it's navigable.
What are Navigable Waters?
Defined as including any body of water capable of being navigated by any type of floating vessel for the purpose of transportation, recreation or commerce.
http://www.tc.gc.ca/marinesafety/oep/nwpp/faqs.htm#01-01
treebutcher
CGN frequent flyer
- Location
- Nova Scotia
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- Location
- The Conservative part of Ontario
We had another camp, cut us off from a chunk of crown a while back, by gaining title to the one piece we had to cross to get there, and closing the road allowance.
Man were they ever pissed, when we got there by boat.
This was Ontario.
Man were they ever pissed, when we got there by boat.
This was Ontario.
