property lines when fishing rivers

[the local angler]

hey folks i was just wondering when fishing and there is people who own a house /property on the bank of a river, do they own the property right up the rivers edge or up to a few metres or so from the rivers edge? cause to my understanding they would not own the actual river right? i only ask is i have been on rivers a few times with friends in their boats and was wondering if you would need to get/ask permission to pull the boat onto the shoreline on or near their property? and possibly fish? i was told but not sure but the river and a few meters from the rivers edge is crown land, is there a website where i can find this info out?

[fordtruckin]

I'd say it depends where you are. Probably not applicable to you but here in Montana even though the land owner owns to the center of the waterway our stream access law allows fisherman a right of way on all lake/riverbeds up to the ordinary high water mark. Check with fish n game where your at and ask if it's not posted in the fishing regs like here in montucky! Good luck

[rottie]

In Alberta its normally to high water mark. Not always so check with your county they might be able to help

[the local angler]

cool thanks

[SCHOOCH]

Its always the "normal high water mark" unfortunately land owners do not always realize this. My suggestion is just ask the land owner whos property its runs through.....that usually goes a long way and usually results in thank you for asking and a go ahead response.

[rottie]

Not always, there are a few places where people have riparian rights

[SCHOOCH]

Not always, there are a few places where people have riparian rights

I could always be mistaken but i always thought Riparian Rights only came into play with lake front properties...not rivers. :thinking-006:

[rottie]

A link to a site,although few and far between some have rights on flowing water.
In Western Irrigation District v. Trobst, Justice Virtue of the Alberta Court of Queen's Bench wrote:


"At common law the owner of land on the banks of a natural stream or watercourse is entitled to the enjoyment of what are commonly known as riparian rights. A riparian owner has a right to the ordinary use of the water which adjoins his land, as a natural incident of the ownership of the land itself, which does not depend upon the ownership of the land covered by the water.... Ordinary use, includes the reasonable use of water for domestic purposes, without restriction.

"In general, the law relating to flowing water appears to apply equally in the case of standing water in lakes and ponds."

I think in most cases you would correct:)

[BPman]

With very few exceptions Alberta owns the land covered by permanent water (as opposed to a slough in a field). That includes all such land to the normal high water mark. On a river, that means that the exposed gravel along the shore - which is scrubbed bare by spring floods, is public property and we can walk there or pull a boat ashore. As with mineral rights in Alberta, there are very few private land owners that would have riparian rights.

[Red Bullets]

I found this document a while ago. It explains which Gov't Acts that apply and has the acts.


http://www.healthyshorelines.com/media/The_Law_and_the_Lake.pdf

[the local angler]

interesting read on the link you provided thanks

[BPman]

Thanks to red Bullets for the reference!