DarkAisling
07-27-2010, 10:06 AM
A couple of days ago this question was asked:
What about access from below a bridge. I was told (and under the impression) that a landowner cannot block off (or not allow access to water) from under a public bridge?! Can anyone confirm or clarify?!
Just had a chat with our head ALS/CLS and I have an answer now: no, a landowner can not block access to the water at a public bridge.
A public road (or a surveyed road allowance) is just that: public. A public bridge crossing over a waterbody is, well, public.
Here's the important part:
The road allowance (which is public) is wider than the road. Road allowances are generally 1 or 1.5 chains wide (1 chain = 66 feet = ~20 metres). As long as you are within the surveyed RA, you are on public land. Your passage may not be impeded by a private citizen.
There is really no way for most of us to determine exactly where the RA is when you're out there, though. And, you can't be sure that the road is centred in the road allowance. Worst case scenario is that you've only got legal access along one side of the bridge, and you don't know what side that is. Pretty unlikely, but let's leave it out there as a possibility to be on the safe side.
Worth noting is that unsurveyed road allowances can be privately owned, and there are occasionally private roads and bridges on them.
Grazing leases on public land can change the rules a bit, too. You could encounter a legal fence, placed by a private citizen, on crown land. The plot thickens.:confused0074:
I seriously hope our "new guy" (I think he starts this week) is as good about answering my/your questions as our "old guy" (who I am really going to miss!). He actually really enjoys taking the time to answer and explain the access questions that are generated here. :sad0125:
What about access from below a bridge. I was told (and under the impression) that a landowner cannot block off (or not allow access to water) from under a public bridge?! Can anyone confirm or clarify?!
Just had a chat with our head ALS/CLS and I have an answer now: no, a landowner can not block access to the water at a public bridge.
A public road (or a surveyed road allowance) is just that: public. A public bridge crossing over a waterbody is, well, public.
Here's the important part:
The road allowance (which is public) is wider than the road. Road allowances are generally 1 or 1.5 chains wide (1 chain = 66 feet = ~20 metres). As long as you are within the surveyed RA, you are on public land. Your passage may not be impeded by a private citizen.
There is really no way for most of us to determine exactly where the RA is when you're out there, though. And, you can't be sure that the road is centred in the road allowance. Worst case scenario is that you've only got legal access along one side of the bridge, and you don't know what side that is. Pretty unlikely, but let's leave it out there as a possibility to be on the safe side.
Worth noting is that unsurveyed road allowances can be privately owned, and there are occasionally private roads and bridges on them.
Grazing leases on public land can change the rules a bit, too. You could encounter a legal fence, placed by a private citizen, on crown land. The plot thickens.:confused0074:
I seriously hope our "new guy" (I think he starts this week) is as good about answering my/your questions as our "old guy" (who I am really going to miss!). He actually really enjoys taking the time to answer and explain the access questions that are generated here. :sad0125: