Crown Land, Land Locked by Private Land

I would imagine there'd have to be a road allowance or right of way somewhere. I don't imagine a municipality would sell off/close road allowance/right of way if it resulted in the crown-land becoming land-locked. Then again, you never know the extent and scope of shady deals or lack of due dilligence. Very interesting indeed!
 
promac said:
I would imagine there'd have to be a road allowance or right of way somewhere. I don't imagine a municipality would sell off/close road allowance/right of way if it resulted in the crown-land becoming land-locked. Then again, you never know the extent and scope of shady deals or lack of due dilligence. Very interesting indeed!
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In our case, there is indeed another road allowance. however, it's the 60ft from the waters edge allowance, and requires walking a couple of miles over very steep terrain. Not even atv friendly. Looks good on the map though!
Too many citiots in that area now anyway.
 
We have a lot of Crown Land blocked by Private land on Vancouver Island
and it's bull#### the private land owners have a lot of gate problems wounder why
this should be against the law to block road to crown land .
 
I am not going to read back to the beginning of this thread, BUT I believe I may have said before, there sure seem to be a lot of COMMUNISTS here on Gun Nutz who do not appreciate what it means to have private property ownership.

For those who are just joining us from China and other non-democratic states, you may not know that CANADA allows its citizens to own property, with a whole host of rights (and obligations). If a person owns a property, he or she may decide who may or may not have access to the property. I know, it is hard to comprehend for those who grew up in totalitarian societies, but it is our reality. THANK GOD.

Doug
 
StoneHorse said:
Hey Doug, maybe you should start at post #1 and read through before commenting. You may learn something new ;).
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You might follow your own advice, sir. And maybe YOU may learn something. Check out my first post on this thread, for example, and that pretty much sums up all five pages. ;)
 
Doug said:
I am not going to read back to the beginning of this thread, BUT I believe I may have said before, there sure seem to be a lot of COMMUNISTS here on Gun Nutz who do not appreciate what it means to have private property ownership.

For those who are just joining us from China and other non-democratic states, you may not know that CANADA allows its citizens to own property, with a whole host of rights (and obligations). If a person owns a property, he or she may decide who may or may not have access to the property. I know, it is hard to comprehend for those who grew up in totalitarian societies, but it is our reality. THANK GOD.

Doug
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You can own all the land you want here in Ont but a "Right-of-way" or "Road Allowance" across it is access for others to use to get to the other side.
 
treebutcher said:
Water course definition is as much art form as a science. I would agree with the definitions above. Things can get messy if you are dealing with a pond/small lake that is surounded by one land owner. Again in Nova Scotia you could float your boat in it as long as you did not trespass to get there. Every year or two I will hear of a land owner with a pond stocked with fish getting fished out by a trespasser.

Waterfowler if you had a title search on your property (it done at the point of sale 90% of the time) it should show up if the adjoiner has a right of way or easment over your land. Here in Nova Scotia any easments or Right of way(ROW) has to be registered with the registry of deeds for it to have any substance. I have seen unrecorded stuff before but 90% of the time it ends up in court.
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This is true. From my limited knowledge, a "right-of-way" has the be the least destructive method possible. I.E. Your "neighbour" can't have a four-lane road paved across 90% of your terrain. On the flip-side of the coin, you can't just be an a**hole, for the sakes of being such. You'll need to prove to a court why you are indeed blocking land access to the titled land. I'm not sure this applies to Crown land, however (and I doubt it).

And as mentioned elsewhere, right-of-way is common-law. Sorry folks, you can't block people from their land because it might impede the "pristine" condition. ;)

(For whomever mentioned Canada has property rights, give your head a shake. You have ZERO true property rights in Canada.)
 
senior said:
You can own all the land you want here in Ont but a "Right-of-way" or "Road Allowance" across it is access for others to use to get to the other side.
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There are circumstances when a private landowner may own the allowance also.
 
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firemachine69 said:
This is true. From my limited knowledge, a "right-of-way" has the be the least destructive method possible. I.E. Your "neighbour" can't have a four-lane road paved across 90% of your terrain. On the flip-side of the coin, you can't just be an a**hole, for the sakes of being such. You'll need to prove to a court why you are indeed blocking land access to the titled land. I'm not sure this applies to Crown land, however (and I doubt it).

And as mentioned elsewhere, right-of-way is common-law. Sorry folks, you can't block people from their land because it might impede the "pristine" condition. ;)

(For whomever mentioned Canada has property rights, give your head a shake. You have ZERO true property rights in Canada.)
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100% Agree. Nobody "OWNS" property in Canada. If the government decides to put a road through you will see what rights you have.
 
For your information Doug, we do not have any property rights in Canada. Didn't you know that? If you didn't, then you just leaned something.
 
OK, this thread is getting stupid, like so many others on the forum in the last few years. Too bad, so sad, I'm outta here.

As they say, one should never argue with an idiot - they drag you down to their level and then beat you with their experience. :bangHead:
 
Doug said:
OK, this thread is getting stupid, like so many others on the forum in the last few years. Too bad, so sad, I'm outta here.

As they say, one should never argue with an idiot - they drag you down to their level and then beat you with their experience. :bangHead:
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Sorry you feel that way Doug but this statement above is absolutly true.

we do not have any property rights in Canada
 
md519 said:
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.
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The law does not really tolerate 'land locked' property anymore in terms of access. There is generally a presumption of access, typically by the most direct, non-invasive route possible. For example, if there is a road or trail that has historically been used to gain access to the 'land locked' property, surrounding private property owners cannot legally deny its use.
 
I know that stream or river beds are crown land. I use to have to use them while electrofishing for the MNR. Even though it was legal for us to be there we still let the surrounding land owners know about it. They would often just let us walk through their property.
 
There are basically two types of access, "statutory right-of-way" and "easements". Either one or both must exist, depending on the circumstances.

You don't mention whether or not you're the one who owns the private land or the one trying to access the Crown land. In the case of the latter, just ask the private property owners how to access the Crown land. I highly doubt they'd give you a hard time and will likely let you walk the shortest path.
 
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