Fishing with Rod Discussion Forum

Fishing in British Columbia => General Discussion => Topic started by: fishseeker on January 02, 2008, 09:23:58 PM

Title: Private property and river access.
Post by: fishseeker on January 02, 2008, 09:23:58 PM
I was poking about the squamish and Cheak river systems over the weekend just to do a bit of fishing and to learn what was available in that area.

There were some areas where I noticed a lot of no trespassing signs along but not actually on the river bank (probably about 10 to 20 meters from the shore).   Does this mean I can still fish on the river provided I don't stray too far from the bank?

It's a bit confusing to me because I have read how there is supposed to be 60km of fishable water along the squamish but so much of it seems to be surrounded by private land with very few access points.  For all practical purposes it looks like there is so little access and so much private land along most of it that there really isn't that much available for fishing at all.

Any info on this would be much appreciated.
Title: Re: Private property and river access.
Post by: Fish Assassin on January 02, 2008, 09:37:16 PM

edited
Title: Re: Private property and river access.
Post by: Rodney on January 03, 2008, 03:40:03 AM
Private properties only extend down to the high water mark, so if you are fishing on the river bank, you are not trespassing. However, if you are walking through someone's property to reach the river bank, then trespassing is taking place. It depends on the property owner. Some do not mind, while others will run out and chase you off. A good choice would be to talk to the property owner first, most would appreciate the intent and allow you to go through. To maximize the amount of river that one can fish, some anglers choose to use a drift boat/pontoon to access those sections described by you.
Title: Re: Private property and river access.
Post by: fishseeker on January 04, 2008, 01:11:58 PM
Interesting. 

I guess I would just play it by ear and walk the distance along the bank rather than going through private property - something I would not do intentionally.

If anyone challenged me on the river bank, I would just move on regardless of my rights.  Rather that than ruining the day with confrontation.

Thanks for the info.
Title: Re: Private property and river access.
Post by: stlhd4ever on January 04, 2008, 04:17:55 PM
I know of one old timer that owns 2.5 acres that is under the Fraser river. So it can be possible.
Title: Re: Private property and river access.
Post by: Beast on January 04, 2008, 04:50:19 PM
this is very true as rivers change and water does take over the land.
30% of the squamish river is private property maybe more?
iv look at property claims dated back to the 1950 were the river was 35ft to 50ft north then what it is now!
if you match up the old property marks and all the new ones this will tell you how much the river is owned or should i say the land is owned.
ask before you enter i know alot of guys that will charge you for trespasing after all its their land not yours!!
Title: Re: Private property and river access.
Post by: penn on January 04, 2008, 05:43:27 PM
 And put yourself in the property owners shoes to. You may think you're only one guy walking to the river  , but that property owner probably sees people coming through every day of the fishing season .Would you want a continuous flow of people  going through your yard to go fishing?  I suspect most people would not like it themselves. Out of consideration i would not even ask someone to go through their place  myself .
Title: Re: Private property and river access.
Post by: fintail1 on January 04, 2008, 07:21:22 PM
One thing especially to consider is whether you are trespassing on first nation property because on the squamish/cheak there are quite a few reserves and the strech all the way down to the river bank,not just the flood line and the residents can be very hostile if you are trespassing and my friend got a few rounds fired his way when he was near native property
Title: Re: Private property and river access.
Post by: SeaRun on January 04, 2008, 08:05:44 PM
Fishseeker, the west bank of the Cheakamus across the first bridge, opposite Sun Wolf (Fergies) is First Nations land.  We talked to some of them fishing the Frog Hole last fall.   Also, there are signs posted by the Outdoor School at the second Cheakamus River bridge.   It is very unfortunate that it is becoming more difficult to access areas throughout the Lower Mainland because of homes & private property along river banks.   The strange thing is that when there is a flood, these people want compensation... doesn't make sense...it is like building a house on the side of a volcano.        ???
Title: Re: Private property and river access.
Post by: Sandy on January 04, 2008, 11:55:36 PM
there are very few cases in BC where private individuals actually own the title to the river bed. As sport anglers we must be proactive in protecting our rights to access crown land and waters.

 I understood that Owners have to prove boundries by legal survey and mark their boundries. I have asked a Government agent to clarify the regs and will post his answer. He has said if challenged ask the owner for the LEGAL description of the lot and he can check to see if they indeed own title to the river bed, and if not the highwater rule applies. Common sense applies do not get into a physical confrontation.