Thoughts on a bit of a legal matter.

[savage7mm]

I cant seem to find anything on google about this.
There is a small lake near where i live that contains pike in it. The road runs close enough to lake that you can access the water from the ditch. But it is posted no trespassing, only the sign is 30 feet out into the water.
Is it legal for me to launch a paddle boat from the road into the water to fish?
I talked to a c.o about it and he said he believes it is legal since the ditch is government land im not trespassing. And because the body of water has a native fish species the guy cant legally own the lake.

I know the land owner who owns the land on the other sides of the lake tries to kick people off the lake. Can he actually kick me out or am i perfectly legal to fish in the lake?

[Hydro1]

As for the legality, i dont know.
Seems like more trouble than its worth to me. :thinking-006:
Good luck. :)

[lyallpeder]

I think your good to go, but check with the RCMP. If he try's kicking you off, what's he going to do.... Call them again?

[slivers86]

As long as you gain legal access, you're good to go. The sign should be taken down. The guy needs to put signs up on his property at lakes edge, informing folks of it that way.

[dodgeboy1979]

The province of Alberta "owns" the water body, so as long as the area to plan to gain access is public land then there is no issue with trespassing.

[Redfrog]

Is this a lake or a 100 yard wide slough?
Is it listed as a lake anywhere?

[savage7mm]

Its not super wide. I cant find it listed though. Definitely over 100 yds long

[EZM]

I remember reading somewhere that there were water ownership provisions on very old land titles (here in Alberta) .... this has, however, not been the case in close to 100 years .... and if the land is sold since then these provisions are removed pursuant to some legislation that followed around 100 years ago.

[schmedlap]

It has nothing to do with what fish are in it - they could have been planted. It has to do with whether it is a natural body of water, as opposed to a man made "dugout"/reservoir (private pond created on titled land). No doubt the sign is out in the water because the water table has come up in recent years since it was put there.
If it is a natural water body, and unless it is the very rare case of title to the bed of a water body (very old title grants), then the province (public) owns the bed of the lake up to the usual high water mark, and, so long as one doesn't have to cross private land without permission to access, you are good to go.
If you can pinpoint an exact 1/4 section location, or even the range road and TWP road co-ordinates (and thence legal description from the county), you can get a copy of title from any registry agent to see if there is a title reference to a water body. A common one is " All of the xx-yy ..... Not covered by the waters of _____ Lake ...", in which case it is very clear that the landowner does not own the lakebed.

[Northern Yaker]

Sounds like Meyer lake off TWNSHP 540. Only difference it's in the regs so despite what homeowners say about it being private, it is not.

[savage7mm]

It has nothing to do with what fish are in it - they could have been planted. It has to do with whether it is a natural body of water, as opposed to a man made "dugout"/reservoir (private pond created on titled land). No doubt the sign is out in the water because the water table has come up in recent years since it was put there.
If it is a natural water body, and unless it is the very rare case of title to the bed of a water body (very old title grants), then the province (public) owns the bed of the lake up to the usual high water mark, and, so long as one doesn't have to cross private land without permission to access, you are good to go.
If you can pinpoint an exact 1/4 section location, or even the range road and TWP road co-ordinates (and thence legal description from the county), you can get a copy of title from any registry agent to see if there is a title reference to a water body. A common one is " All of the xx-yy ..... Not covered by the waters of _____ Lake ...", in which case it is very clear that the landowner does not own the lakebed.


Awesome thanks for the info! Yeah its a natural lake/slough. And being its northern pike the fish wouldn't have been planted by the landowner. I will try and get the lsd so i can read the land title.

[The Spruce]

Go and talk to ESRD, they will let you know. If there is public access (road beside it, ditch is MD/County land), and it is a named lake, the land owner can't do anything. Worst case scenario, you will have to do a $1 title search with ESRD.

Spruce

[Sundancefisher]

If I recall Mink Lake had this problem. Shoreline owner charged for access. Lake was public. If you accessed by road they would harass you. If you are accessing from the road...make sure you park off on a public ROW or other safe location or the RCMP could give you a ticket.

Just a thought.

[linemanpete]

Mere lake comes to mind near Stony Plain.