Fishing with Rod Discussion Forum
Fishing in British Columbia => General Discussion => Topic started by: Coho Cody on March 22, 2008, 12:03:01 AM
-
So the other day, I was fishing on the vedder, and a guy comes down and tells me to leave. I said why? He said your on my property. I said no, I'm standing on the rocks, and you do not own this part of the river. He said yes I do, and I own the riverbed as well. I am a little confused as to how he can own it, as I'm aware that the only river around here where a land owner can own the riverbed, is the alouette if the family has had possesion for many years. So, my question is, can he own the river bed. And what if he owned the land before, then since the '06 floods, the river diverted into his land, can he still own it? But I was pretty sure he only owned up to the highwater mark. If you need more info on which spot I am talking about, please send me a pm.
Thanks,
Cody
-
With a few exceptions, private property ends at the high water mark.
-
I know the guy was completely bs'ing me, but I didnt want to say to much until next time when I have more proof that I'm not stupid, and that he can't play dumb with me. What would those exceptions be?
-
Not sure of the exceptions but this subject has been discussed before
Do a search under Private Property.
-
my understanding is...
no one can own the river bank so if you have your toes in or on rivers edge you should be OK because this is crown land.they can't kick you out.they can own the land behind it or around it but not the river itself. i don't know of any exceptions.
what part of the river were you on? i have never had a problem on the vedder so I'm drawing a blank? maybe he came down on you because your a younger fella? ???
in fact the only one who can get away with giving us the boot is the government ! >:(then you can just give away our rivers to capitalist pigs who will dam up the rivers saying they are doing it in a green way (BS) so that everyone south of the boarder will have power to light up the drive thru and kmarts!and our fish stocks and wild life go down the toilette.but who cares everyone is making tons of cash and there is plenty of farmed fish around and they are putting more and more fish farms in the ocean. ???
sorry about the rant
-
I have never heard of this happening before on the Vedder. Cutting through someones property is one thing, but coming up to you on the river??? If you think of the number of anglers I'm sure many thousands of fisherman have ventured into this spot you were at, so you think this would have come up by now if he indeed thought he owned the river bed. Unless maybe he was just in a bad mood or is a new owner.
-
Its only a sticker, and he has no right using someones name even if his son is someone.
-
coho cody are you talking about that guy from wilson road?
-
The guy is an old fart with nothing better to do. I fished that hole alot when the springs were out this fall, and everytime he would ask me to leave and I would, knowing about some of his family history. But after about a dozen times of telling me and my buddies to leave, people fishing around us started to argue with him saying "you have no right to tell them to leave" blah blah. Well the cops showed up later, and they said he does have rights to half way into that pool. But who knows if he does or doesn't have rights to that section of river, I think the cops made up that bull cupcakes so we would leave and there would be no conflict. I did meet his son and his grand son and a couple of his buds which are supposably part of the hells angles and they were fairly nice people from what I saw.
-
it's mid river below osbourne. I know the guy was bs'ing because I'm a kid, and thinks I'm stupid. I wont move next time unless he pulls out a gun ;D
-
I would suggest and I donot think it has been done before, that is to get a proper ruling on this issue from a lawyer. Maybe someone on this forum is one or can get a legal opinion from a lawyer friend.
-
That's what I would do, just find the law that states the high water mark access rights for property rights of way, laminate it, and carry it around with you.
Pull it out if questioned, and tell them to call the police if they want to. Then show it to the police, and tell them it is your right to fish there, and you would take it to the supreme court if needed.
They'll probably leave you alone then... Or you'll be going to court, one of the other. But under no circumstances should you touch them in any way. And do not use inflammatory language.
Cheers,
Nicole
-
well its evident your referring to ways field.. never had a problem with the guy there... i would be mad if i had trespassers going across my land so i understand where hes coming from.. i know his land did extend to where the river flows now as it used to flow way on the other side, i dont know how much land he lost....
-
I have never had a problem or complaint ;D
-
well its evident your referring to ways field.. never had a problem with the guy there... i would be mad if i had trespassers going across my land so i understand where hes coming from.. i know his land did extend to where the river flows now as it used to flow way on the other side, i dont know how much land he lost....
I too would be angry, as most people walk through his field, but I walked down just from Thompson Park.
I like Nicole's idea, so i will do just that ;)
-
This topic has been discussed before.
The answer is not quite that simple. Many of the dykes on the Chilliwack River are on private property and the FVRD has statutory right-of-ways for maintenance purposes so they are not accessible to the public. Some are on crown land and are accessible to the public and many are orphan (no ownership/ no maintenance) and access is probably a legal question. The river has shifted and changed in several areas so that the high water mark is different than the original survey and also some property has been in a family for so many years that the crown was never able to claim back to the high water mark.
In several areas in the Chilliwack River you would most definitely be tresspassing if you were to walk along the dykes. To be on public land you would need to be down at the toe of the dyke on the river side. After this past winter's flooding event, which shifted the river's channel in several areas, the river is now part way up on the dyke leaving no dry walking spot. The area on either side of Osbourne Rd falls into several catagories, however the various structures and works along these areas were not engineered or built to a standard and are not recognized as "flood work structures". Most of the works in the area do in fact belong to and are on the owners property.
Jane Sowik, Manager of Administrative Services
Fraser Valley Regional District
45950 Cheam Avenue
Chilliwack, BC V2P1N6
So instead of getting more property owners mad and kick out everyone, walk below the dyke along water edge and be very quiet and neat. Usually they would not have problem with that.
-
The thing in this case is the river has once again changed course during the flood of November 2006. If I am not mistaken it nows goes through the owners cow pasture. You can see a very brief video of the area on u tube.
Once again I think the best is to seek out a legal opinion for this particular situation.
-
Yah it's definitely today's kind; the 40 somethings that leave behind line, coffee cups, worm/wool packaging, roe containers and other miscellaneous crap that I cart out of there in the back of my vest (just to mention a few of the things I've personally seen at that exact spot).
As for the private property issue I would (and probably will) do as Ghost Fish suggested. Ask him if you can walk through his field and fish the run behind his dyking system.
-
There is the option of politely telling him you truly do not believe that you are on his property and truly do not believe that he as the authority to ask you to leave. Then tell him that if he would like you to leave, please call the police and have you charged also inform him that you will obtain legal aid in this matter and cause him to spend a few days in court making these charges stick. Take a cell phone and a witness so if he assaults you you can place the 911 call. Before doing any of this be aware that you could lose and be ready to face the consequences. At all times remain polite and noncombative it will carry you far in a tense situation.
-
Hey Cody is this that spot where I met you and your friends and a big my friend spring took you guys way down river. It sounds like it is and thats Ways Field and back in October of last year this gentleman came upon me and three friends and told us we had to leave. He stated that not only did he own the land on the East side where we were but also the shore line across from us as well and also the water in-between. Never having encountered such a situation before at the Vedder I was a little perplexed and unsure and not wanting to cause any trouble we all decided to leave. After all the rivers huge and finding someplace else was a piece of cake. I would like to say that the man,(around mid-fifties, dark thinning hair and short mustache, about 5'7") was extremely polite and if we had taken the time to ask if we could just finish out the afternoon would of allowed us. But alas, we left. One must remember that crossing someones field,(property) is tresspassing and if I owned that land I would'nt like it neither. One thing that astonishes me is that he never puts up a No Tresspassing sign at the entrance to his field. From the information given to me from friends and associates it is the highwater mark that is the usual legal standard when ascertaining allowability, unless you have to tresspass over his property at some point to gain entrance. Having just spent the last year working in Chilliwack building the new trades school on Kieth Wilson Rd. I found many opportunities to fish after work and have found myself back fishing this spot many times without having to cross his field. It takes a lot longer to get there and once there I keep as low a profile as possible, ie: not visible and make sure I take out more garbage than I bring in. I have'nt been asked to leave since the first time and if I were maybe I would and maybe I would'nt. It depends on the fishing, the weather, the timing and how I was asked. Legal Shmeagal, if I have'nt crossed your land and you say I have to leave, that I am illegally on your property I might just say, Prove It. Go ahead, waste your time and the cops its your life. If you want to spend it being a human guard dog thats your choice. Good Fishing All. :D
-
there now are "Keep Out" signs on the upper end after some kids drove into his field and decided to spin their tires in the grass on the way out.
Don't blame him for not issuing a Welcome mat after that :(
-
In today's fast paced world, seldom do we take the time anymore to converse with neighbours and acknowledge that long lost sense of community. Hike the riverbed for a truly enjoyable experience and you won't have to worry about trespassing. Better yet, find a system that isn't dliuted with private property and scarred with other peoples trash!!