Walking through owned land to fish

[Calgarys_finest]

I wont name the place so incase somebody knows somebody but i was out fishing a river yesterday and if i wasnt doing well i would have went home but instead went to change spots. Found a range road that headed towards the river and got to some farm land that i had to cross for about 400 yard before the river and there happened to be a guy there so being the nice guy that i am i asked if he was the owner. He said yes and when i asked if he minded if i cross it to get to the river he said no way. I know there are rules to crown land but what about farm land.

Are there laws to farm land or land close to a fishing spot?

[MountainTi]

Of course there are rules, his land, his rules. Don't follow them it's called trespassing, a criminal offence.

[walking buffalo]

Originally Posted by Calgarys_finest

I wont name the place so incase somebody knows somebody but i was out fishing a river yesterday and if i wasnt doing well i would have went home but instead went to change spots. Found a range road that headed towards the river and got to some farm land that i had to cross for about 400 yard before the river and there happened to be a guy there so being the nice guy that i am i asked if he was the owner. He said yes and when i asked if he minded if i cross it to get to the river he said no way.

I know there are rules to crown land but what about farm land.

Are there laws to farm land or land close to a fishing spot?

Really?

Of course, there are laws regarding access to ALL land in Alberta.

Private land, Title Rules.
Crown land, Disposition Rules.


Maybe the land in question IS crown land. Check for ownership and dispostions. Then follow the laws.

[cougarcreek]

There are right of ways that land owners have fenced that is public access. It is not easy to find info on them. It unfortunate that around Calgary there are many landowners that will not allow access but there is nothing we can do about it. Usually they have good reasons and it is the old story of a few bad experinces has ruined it for everyone.

[Calgarys_finest]

Maybe i should rephase my question. I am well aware there are laws and i am well aware that i cannot tresspass. I have googled and cannot find the rules as per land as i want to me more informed. The area in question is the Sundre natural area south of sundre. I confirmed going out that i was in the correct place but i didnt question the guy there, went to town and fished there instead.

New question. Can someone point me in the direction of the laws regarding Crown land and private land?

And is there a place where i can get a map of crown land?

Edit. Also say im walking the river, do land owners own the bank or how close to the river can they own.

[MountainTi]

Originally Posted by walking buffalo

Really?

Of course, there are laws regarding access to ALL land in Alberta.

Private land, Title Rules.
Crown land, Disposition Rules.


Maybe the land in question IS crown land. Check for ownership and dispostions. Then follow the laws.

I am assuming that seeing as how the poster mentioned that it was farm land and then was told by the land owner that he owned it, then that is what it would be. Whether it is deeded or lease, you need permission. Like you say, crown you don't.
It really surprises me sometimes the lack of knowledge some people have when it comes to private land. Last weekend (may long) the neighbor across the road drove around to the back of his quarter to have a look around. Drove down the lease road going into the back, and found some folks setting up camp for the weekend. Guess they figured that seeing how it was a "lease" road, it was fair game.

[RayL42]

http://www.srd.alberta.ca/Recreation...d/Default.aspx

[walking buffalo]

Originally Posted by MountainTi

I am assuming that seeing as how the poster mentioned that it was farm land and then was told by the land owner that he owned it, then that is what it would be. Whether it is deeded or lease, you need permission. Like you say, crown you don't.
It really surprises me sometimes the lack of knowledge some people have when it comes to private land. Last weekend (may long) the neighbor across the road drove around to the back of his quarter to have a look around. Drove down the lease road going into the back, and found some folks setting up camp for the weekend. Guess they figured that seeing how it was a "lease" road, it was fair game.

You making too many assumptions. There is no knowledge that the person was the Landowner, or if the land is Titled. And I never said a person does not need permission to access Crown land. Permission may be neccessary.


Calgarys_finest,

Check county maps for Title land and names of the landowner. There is privately owned land held by conservation groups that may offer access.



This link ( click refresh) shows agricultural leases and contact information. Some leases do not require notice, some do. http://xnet.env.gov.ab.ca/imf/imf.jsp?site=rec_access

This is the PUBLIC LANDS ACT RECREATIONAL ACCESS REGULATION

http://www.qp.alberta.ca/574.cfm?pag...=9780779748112

[Hooker]

Walking Buffalo has some good advice there for you. Also call Mountain View County office (phone is on their web page) and ask them about that particular piece of land. If there is supposed to be a road allowance there and it has been fenced off you may be able to gain access. There also may be an agreement in place between the land owner and the county about the road allowance (if it is one). Before going to war know who you are fighting.

[tbone616]

Originally Posted by Calgarys_finest

Maybe i should rephase my question. I am well aware there are laws and i am well aware that i cannot tresspass. I have googled and cannot find the rules as per land as i want to me more informed. The area in question is the Sundre natural area south of sundre. I confirmed going out that i was in the correct place but i didnt question the guy there, went to town and fished there instead.

New question. Can someone point me in the direction of the laws regarding Crown land and private land?

And is there a place where i can get a map of crown land?

Edit. Also say im walking the river, do land owners own the bank or how close to the river can they own.

http://www.srd.alberta.ca/ManagingPr...oundaries.aspx

Generaly speaking it is public land to the high water mark, with a few exceptions.

[decker]

I know around Buffalo Lake there is alot of road allowances that end before the lake. Yet these road allowances are suppose continue down to the high water mark and allow access to the lake. But this isn't the case the land owners have the last say, thats just the way it is.

[Fishfinder]

You did the right thing by asking him. Alot of land owners will allow u to cross their land, if the stars are aligned right, and u caught em in a good mood, and it's always good to have a large bottle of whiskey for negotiation purposes

This is where boats come in handy

[Dust1n]

just respect it and he migt have had promblems before so he never let you. most will though and you did the right thing to ask. its kinda like quading through your house only bigger scale...unlucky though

[Fishfinder]

Originally Posted by Fish Hunter7

just respect it and he migt have had promblems before so he never let you. most will though and you did the right thing to ask. its kinda like quading through your house only bigger scale...unlucky though

FH, What the heck happened to your hand? Why so red?

[Dust1n]

Originally Posted by Fishfinder

FH, What the heck happened to your hand? Why so red?

idk im gonna go fishing in 5 mins though ill write a report after...

[Smokey]

I use to farm, and I used to have a piece of land where people stocks the duggout along the highway with trout. I had no problem with people who asked if they could fish in my duggout as I did not stock it, but there were too many a-holes who would drive onto my land, seeded or not. (usually cause they had no brain and or did not care) Those guys wrecked it for the others. Farmers don't want people walking over there land, and you asked the question, and were rejected, accept it. Its the same thing with hunting. I got a family member who owns a sweet quarter near a river. People ask him all the time to hunt on his land, He rejects most, except the guys with bows cause he don't want some wingnuts on his property with a gun. Its his perogative and his rules...

[Sundancefisher]

Originally Posted by Calgarys_finest

And is there a place where i can get a map of crown land?

Edit. Also say im walking the river, do land owners own the bank or how close to the river can they own.

Go to maptown downtown calgary... Lots of maps...

[bowness]

Originally Posted by Hooker

Walking Buffalo has some good advice there for you. Also call Mountain View County office (phone is on their web page) and ask them about that particular piece of land. If there is supposed to be a road allowance there and it has been fenced off you may be able to gain access. There also may be an agreement in place between the land owner and the county about the road allowance (if it is one). Before going to war know who you are fighting.

I think your right. From what I know you need to get info on road allowances from the county they are in as some can be leased to land owners and are not considered public. Just because it is fenced does not mean you do not have a right of access. You just need to check it out.

[Dale S]

All road allowances have to be registered with the AB. government. The countys register them after they develope them ,then they are puplic.Unregistered road allowances are under the land owners control.So they can keep you out.

[wwbirds]

Found a range road that headed towards the river and got to some farm land that i had to cross for about 400 yard before the river and there happened to be a guy there so being the nice guy that i am i asked if he was the owner. He said yes and when i asked if he minded if i cross it to get to the river he said no way.

You know the way I am interpreting this is the originator of the thread was already crossing private land when he came across the owner and asked permission. Of course it would be denied.
One generally does the research before in the field and then if there is no time or opportunity to do advance work you knock on doors until you locate the owner before crossing his land.
I saw a person walking along my fenceline one Saturday morning and went out to see what he was doing. he said he was going to go to the slough to shoot ducks, "no you aren't, I have a shoot in those fields today and you will interfere with my hunters or their dogs if you are shooting in there"
He claimed to have shot that slough often in the past and I assured him not in the 3-4 years I had owned the land he had not. He then said "you don't own the other side of the fence so I wil walk in on that land then and you won't be able to stop me". I said I lease that quarter as well so with your fine entitlement attitude you won't be hunting this area ever again. People wonder why we put up fences!!!

Private means private.

[ronnyboy]

you ,calgarys finest,could get eyeglasses if you needed them,perhaps a hearing aid,if you needed,there a lot of things though you can fix...........................................But ,my god you can not fix stupid??????????????????

[Pikebreath]

Road allowances were not designed to be considered "public land" free for all to use for all purposes, but rather they are part of an access / transportation grid. Municipalities have an obligation to provide some kind of road access to privately owned properties (Landowners are are the people who pay the county taxes). Some road allowances do get legally closed if the road allowance is not needed to provide such access (i.e. one landowner owns both sides and there is no demonstrated need for a through-fare).

Many road allowances are blocked off simply because of natural barriers (i.e. a slough). Getting around such a natural barrier would require entering onto private property.

If you come to a blocked off road allowance, the best thing to do is politely ask the adjacent landowner if it okay to continue down the road allowance.

[bowness]

Originally Posted by ronnyboy

you ,calgarys finest,could get eyeglasses if you needed them,perhaps a hearing aid,if you needed,there a lot of things though you can fix...........................................But ,my god you can not fix stupid??????????????????

Why do some people get on the Internet and think they can act like a two year old? Your username says it all "Ronny" BOY...Grow up. We are all learning as we post but your post is nothing but demeaning, a true waste of forum space.

[Granrey]

Originally Posted by ronnyboy

my god you can not fix stupid??????????????????

LOL I believe you cant and for that reason you must avoid somebody becoming one.

[pikergolf]

He claimed to have shot that slough often in the past and I assured him not in the 3-4 years I had owned the land he had not. He then said "you don't own the other side of the fence so I wil walk in on that land then and you won't be able to stop me". I said I lease that quarter as well so with your fine entitlement attitude you won't be hunting this area ever again. People wonder why we put up fences!!!

Private means private.

So you own the slough or lease it?

[Jimboy]

Originally Posted by ronnyboy

you ,calgarys finest,could get eyeglasses if you needed them,perhaps a hearing aid,if you needed,there a lot of things though you can fix...........................................But ,my god you can not fix stupid??????????????????

And you sir should be banned for a month for trashing fellow member.

[Dust1n]

ronnieboy please dont trash other members of the forum.....

[tasco]

Originally Posted by Pikebreath

Road allowances were not designed to be considered "public land" free for all to use for all purposes, but rather they are part of an access / transportation grid. Municipalities have an obligation to provide some kind of road access to privately owned properties (Landowners are are the people who pay the county taxes). Some road allowances do get legally closed if the road allowance is not needed to provide such access (i.e. one landowner owns both sides and there is no demonstrated need for a through-fare).

Many road allowances are blocked off simply because of natural barriers (i.e. a slough). Getting around such a natural barrier would require entering onto private property.

If you come to a blocked off road allowance, the best thing to do is politely ask the adjacent landowner if it okay to continue down the road allowance.

I like to read the MD of Foothills minutes, and I read the approvals the MD council make in the closures of these Road allowances. In MOST cases they stipulate that "Access will Not be denied". I agree that it is polite to contact the leaser of the road allowance, but.... I also do not know if the other counties stipulate the Access will not be denied thing. This does not mean that every former road allowance is leased some times they are purchased. Do your homework, check out the local County office, buy a county map. Be informed before you go places you are not sure of access.

[duffy4]

As said above many counties will lease out a road allowance but public access (sometimes stipulated as "Foot access") must be allowed.

Some land owners will just fence off a road allowance and use it without a lease agreement.

At one time F&W had an "Access co-ordinator" position and the fellow looked into developing and identifying various access points for Alberta fishermen. He did some good stuff and then the position was cut.

I was down in Tasmania a while back and the "fisheries dept." there had a number of access agreements with land owners along various fish bearing waters.

Fish and Wildlife at one time had the "Stream Bank Fencing Program" with fishermen's $ from the Buck for Wildlife program, deals were negotiated with land owners and fences were built along trout streams. To keep the livestock from destroying riparian habitat and provide an access corridor for anglers.

The stream and the fish are a public resource and there should be steps taken to allow the public to get access to them.

[Sushi]

Thanks to all for this thread...a subject that I find very interesting and sometimes intimidating here in Alberta. Those of us that moved here from other provinces find that the private land rules can be very different here. For instance in NB where I'm from, people will tresspass all the time on private land unless it is specifically posted that you can't. In NS, there is a law that private landowners MUST allow access to any private water body as long as you cross the private land directly to the water body and you don't have to ask first. In NB and NS trespassing is almost considered a right because people have been doing it for 300 years. Don't get me wrong, I totally respect the Alberta way, I just find it intimidating with so many rules. This forum sure is a great place to learn so THANKS AGAIN!!