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[dennisK]

I've fished this spot on the vedder -thought it was legal on the rocks? Is it?

utube Link:

https://youtu.be/QdbIZ5Gs9Fs

[RalphH]

The property line would terminate at the high water mark. Below that it is public. That the bank has been engineered (rip rapped) suggests the high bank was not stable so if nature followed it's course the property line might  be well back from where the woman was standing. But that is her property and I wonder how those 2 accessed the rip rap. Land titles has all that mapped out and it could be on line.  I think the trespass act states property owners have to put up both signage and barriers to alert the public access is not available. These conflicts seem to be becoming more and more common. Last time it happened to me someone across the river told me I was trespassing. When I asked if it was his property he didn't answer just repeated it was private, I was trespassing and I had to leave. If this "Karen" won't say where the property line is - it won't go to the water's edge, you could just ignore her. My guess she is obligated to do that much.

[clarki]

Same spot you posted about here?
http://www.fishingwithrod.com/yabbse/index.php?topic=43709.0

Looks like the still don't want you to fish there!

[Stratocaster]

That “Karen” is probably the property owner of the house behind the bank.  I gather this is at Wilson road.  Frankly I don’t blame her.  I have fished there for 2 decades and they have been very tolerant of anglers walking through their back yard to access the runs downstream.  Last year they had enough.  People littering and defecating on their property.  So they had the city build the fence to block access to the pathway,
.  I don’t know if she has any right though of kicking people out of fishing on the boulders but it seems this is an example of how inconsiderate people who act like pigs get fishing access closed.

[Stratocaster]

Same spot you posted about here?
http://www.fishingwithrod.com/yabbse/index.php?topic=43709.0

Looks like the still don't want you to fish there!

Thanks for this Clarki. 

[RalphH]

Same spot you posted about here?
http://www.fishingwithrod.com/yabbse/index.php?topic=43709.0

Looks like the still don't want you to fish there!

interesting. Note the path (now blocked by the fence and concrete). In case law a path such as that is an invitation to enter the property so the FVRD brought the problem on by building it.

We are seeing and will see much more of this as the years go by. If you take the Serpentine River in Surrey as an example. Most of the once 'public' access point are now blocked by chain link right to the river edge. Same thing is happening on the Nicomekl. This is just to keep people off dykes made with public funds. They serve no other purpose.Near as I can find this has occurred without public consultation. We need to think of ways to control this and to control angler numbers in such spots. 

[243Pete]

Well from the idiots who are shining high powered lights directly into the house, leaving garbage, smearing poop on plants, loud talking and someone trying to assault his dog at 2-3am (story I got was that someone threw rocks at his dog and he had to bring her to the vet to make sure she was ok) I don't blame them honestly.
I've talked to the guy before and he is pretty chill, his dog will bark at strangers but she won't bite cause you are passing through their property and she is a nice dog as well having fished that area a lot in the past.
All it takes is a few idiots with no consideration for others to shut everything down for everyone else.

[iblly]

I have fished that spot a few times since the sign went up but out of respect and to avoid hassle I only fish at the streets end.

[alindsey]

I suspect something may have happened before that was not caught on video and might be unfavourable to the fishermen who posted it.

I fished that spot for the first time earlier this year, but walking up from downriver there are no signs. I was totally unaware there were any signs until I left and passed the fencing in the picture. A couple with a golden retriever and a stroller saw me, hung around for a bit, and thats it.

[stsfisher]

 This has been this way for 3 decades atleast. The water rights to that property is mid river, so yes you are trespassing. The owner who sold more than 20 years ago was ok with people fishing there, all other owners have not been ok with it for many reasons already mentioned.
When I was approx. 20 years old and the first new owners started to kick people out I waited for RCMP to show up. They provided an explanation that would suggest the owners have the right to allow or not allow you there. I have never been back. 

[wildmanyeah]

This has been this way for 3 decades atleast. The water rights to that property is mid river, so yes you are trespassing. The owner who sold more than 20 years ago was ok with people fishing there, all other owners have not been ok with it for many reasons already mentioned.
When I was approx. 20 years old and the first new owners started to kick people out I waited for RCMP to show up. They provided an explanation that would suggest the owners have the right to allow or not allow you there. I have never been back.

Maybe they are liable if they let someone enter the property and the slip on a rock and hurt themselves.

[RalphH]

yes they could be liable.

[jackster]

The water rights to that property is mid river, so yes you are trespassing.

Mid river as in the middle of the river? Are
you kidding?

[RalphH]

Mid river as in the middle of the river? Are
you kidding?

I'd be very careful with that claim. Almost no waters in BC have this kind of title. I have never heard of it on Vedder/Chilliwack.  In some cases the Province provides 'tenure' rights to an owner but they do no automatically transfer when the property is sold. Another confusion is when property owned is eroded away, literally swept downstream during floods. Some owners may think they now own all the land down to the lowest water level. in fact the land they owned is now smaller by whatever part the river or stream carried away and the new title mark is the high water mark. Owners have a right to install or construct approved erosion protections such as riprap but I don't know they own all of  it including that portion below the natural high water mark.

if anyone is interested in leaning more here are a couple related papers:

https://www.obwb.ca/fileadmin/docs/riparian_2008_bc_government.pdf

https://www.younganderson.ca/assets/seminar_papers/2013/2013-Water-Law-101-gc.pdf

[Wiseguy]

The last straw was last falls salmon season at Wilson rd when the hordes of anglers were leaving all kinds of garbage and even taking craps on the property. I have fished through there last winter for steelhead after the fence went up and property owners were okay with me being there because I was respectful and didnt leave any garbage behind. They seem to have the city of Chilliwack supporting the installation of the fence.