Landlock crown and access

MDR

MDR

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There is a parcel of crown land where I hunt which is surrounded by privately owned land. There is a logging road and hydro line leading into the area. Recently a no trespassing sign has gone up on the logging road. Can the owner of the land where the logging road crosses into crown restrict access like this?
 
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There should be crown road allowances into all every quarter section. Find the road allowance and use it as you please.

What province are you in?
 
It's possible that they can do that because the hydro and logging easement would be arranged with the land owner or attached to the deed. You should speak with the land owner or the county office to see what the details and right of way is for that land. If the logging road runs on the road allowance, then they can pound salt.
 
Not much of a trespass law in Nova Scotia - if your property isn't 100% fenced (garden/cultivation counts as fence), then people are free to pass. 'Trespass' by definition is to do something wrong, if you're legally hunting you are doing nothing wrong. I've seen 'no trespassing' signs up at stores and malls, signs for people who were explicitly told they aren't welcome. Doesn't mean for everybody.

When I encounter a no trespassing sign, I ignore it, since I am not trespassing, only passing
 
there are signs illegally posted by local home owners near Prov Crown Land, it's just an attempt to keep hunters and shooters out of a certain area here in SE MB.
 
I hunt an area with similar boundaries. I am on privately owned land that borders crown and ends at a Hydro Cut. All other access is blocked by other privately held land. There is an easement/concessions which would allow others access to the crown land through the private.....but we don't tell'em! :cool:


You can check the crown (city) land maps here (Ontario), as it also shows the concessions or easements. They will appear in some locations as "roads" between lots, but they may actually be over crown.

http://www.giscoeapp.lrc.gov.on.ca/web/MNR/NHLUPS/CLUPA/Viewer/Viewer.html
 
Crown land is public use for all. Sticky question. A road allowance is usually for public use. Big case concerning this right now in BC, some Walmart exec is trying to expand his personal empire and bar people from public domain. It is a case worth watching. BC has grazing leases, recreational leases all with certain conditions attached allowing public use. If that is a public right of way on that land my opinion is use it or lose it.
 
Depends what province you are in, in AB, SK, and the Peace River area of BC there will be a road allowance. In other parts of BC it may be landlocked, BC Hydro easement are for their use, not the publics. The logging road could be private or it could be a Forest Service Road.
 
Bland said:
Crown land is public use for all. Sticky question. A road allowance is usually for public use. Big case concerning this right now in BC, some Walmart exec is trying to expand his personal empire and bar people from public domain. It is a case worth watching. BC has grazing leases, recreational leases all with certain conditions attached allowing public use. If that is a public right of way on that land my opinion is use it or lose it.
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Some roads that go through crown land can be private depending on how the road is leased. An example is here in Ontario, people who had property on a lake wanted to build road access. They got a lease or bought the land from the crown, funded the road and built it themselves. That road is private property but runs right through 700 acres of crown.
 
Crown land generally is public use land, however you cannot trespass on or through private land in order to access it.
You need landowner permission.
Any right of ways (i.e. roads, unopened road allowances, etc) are registered on title of the property and are private property for use between certain parties.
Again landowner permission is required.
 
There was a situation a few years ago in southern Quebec where a range is built on an old railway right of way. Except for the firing points, it looks like a road. A landowner behind the range wanted to cut and haul logs. My understanding is, a property owner cannot be unreasonably barred from his property. So he used the road, and paid damages. This situation arose elsewhere in Quebec, where a block of land was completely surrounded by lots sold off to other people over the years. As long as the owner made good on damages, he could get to his land without restrictions.
 
Like many other things, it depends on where you are. Also depends on whether or not it's Federal or Provincial Crown land.
In Ontario, there is a rule about access that another land owner cannot do anything about. I recall, when I was looking at buying tax sale land, it being a right of way that runs along the property lines. A road may or may not exist. They don't way up north. Way up being just about anywhere. Parry Sound area when I was looking. Anyway, as mentioned, talk to the local municipality office or MNR office.
A hunting licence does not grant you any special privileges to go on any land, anywhere. If you ignore a no trespass sign, you will eventually be fined. Trespass doesn't mean "do something wrong" either. Hunting is NOT legal justification. Read 3.(1) (e). No W's. nslegislature.ca/legc/statutes/protect.htm
Probably want to read this too. Add the W's. Go to the bottom of Page 3.
.novascotia.ca/natr/enforcement/pdf/trespass_2.pdf
 
I landlock a crown 1/4 section on 3 sides in Ontario. If someone chooses to access the crown across my 4 quarter sections - they are trespassing - no ifs, ands or buts. I apply this as the crown has chosen to extend thesame lack of privilege (eg denied me access through) on several other adjoining crown properties they have leased to a wind farm. I consider this quite straightforward!
 
In the area where I have my camp, I had an interesting talk with a logger who had to get permission to cross a private road/land to get to timber on Crown Land. Even the MNRF was aware of this and warned him. So to answer your question, in Ontario, yes.
 
AP said:
I landlock a crown 1/4 section on 3 sides in Ontario. If someone chooses to access the crown across my 4 quarter sections - they are trespassing - no ifs, ands or buts. I apply this as the crown has chosen to extend thesame lack of privilege (eg denied me access through) on several other adjoining crown properties they have leased to a wind farm. I consider this quite straightforward!
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You are absolutely right, unless, say in a municipality like Ottawa, there is a concession that runs along your property line. These do not exist everywhere for sure, but they do exist, and you must allow access.
 
Just access down the hydro line.

And if the sign poster has any real teeth, the sign will say "no trespassing- enforced under the trespass to property act 123.xyz" or whatever. Otherwise, it'll likely get thrown out. Especially if posted on a commonly used road.

Failing that, you could always buy a bush plane. In fact, forget the hydro line. Just buy a bush plane. Roads are for noobs.
 
If you are in Ontario I would suggest that you read the Municipal Act regarding un opened road allowances. There is also considerable case law on the subject.
 
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