Legal question regarding leased land in Alberta.

agilent_one

agilent_one

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All,

A quick "hypothetical" for our local legal team:

Let's say "I" lease a parcel of land from the province of Alberta, and it's surrounded entirely by county owned land. There is one road to access, which, of course, crosses over county land.

Can the county deny access to the road that is the sole means of entry to "my" lease? It should also be noted that closing this access will also close the only access road to a small piece of crown land nearby.

Opinions are OK, knowledge is better, and being able to cite the actual laws and decisions will net you a gold star.
 
in what way is the land leased ? agriculture type lease ? mining lease ?..........

something i had to go through recently with a placer claim i have , roughly 300 meters of road going to my lease goes through a corner of some private property .
the owner thinks he owns the road , and can deny me access to my claim .
i have told him politely that i will pursue legal action if he persists in threatening behavoir , and attempting to deny me access .

the road even though it is old , and willows are starting to grow through the middle of it , is passable AND is recognised by the b.c . government on forestry and mining maps .

the point being was i had to really dig into the various regulations to find out where i stand legally .
as long as it is a recognised road , and not a deactivated one , you should have right of way access , but there may be some sort of foot note where you may have to pay your share for up keep and maintanence of the road .
 
No they cannot deny access to it.a county road is a "public" road. also check their zoning and planning bylaw to see how they plan to provide access to the land. usually one of the considerations before any land is allowed occupancy is that there must be an defined access to the land.
 
The legal designation of the lease is "miscellaneous", believe it or not. It's usage could be characterized as recreational.

Thanks for the help Fellas, my land-law kung-foo is weak.
 
Does anybody know where I could find the relevant laws online? I'd kind of like a rudimentary knowledge of the law prior to contacting a lawyer.
 
Talk to the MD office or County office and check the maps.

Almost all the divvy'd up land on the prairies has a road allowance leading past at least one edge of it to allow access to it. Even road allowances that are not in use as road, are still roads on the map.

Is this hypothetical, or are you butting heads with the MD/County?

Cheers
Trev
 
My understanding:

If the road falls on a road allowance, they cannot restrict your access.
If the road is not legally surveyed (you will have to pull the land titles to see), they have no obligation to provide access. Many roads that show up on maps have never been legally surveyed, they are just pulled off of airphotos when the maps are made.
Even if the road is "private" there is still an obligation to provide access to the land via the road allowances. Even on the latest version of the dominion land survey, you can access any quarter from a road allowance.
 
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