Lyndock

SonsofFishes

SonsofFishes

Well-Known Member
Lyndock has been great over the years but now posted Private, No Trespassing.
Such a shame !!!
 
Derkd9 said:
No one owns any creek lol
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Correct
But land can be owned including the land under the water not the water itself
More places now posted for one reason or another , that's the main reason I stopped river / creek fishing not worth the hassle
 
Ticker said:
Correct
But land can be owned including the land under the water not the water itself
More places now posted for one reason or another , that's the main reason I stopped river / creek fishing not worth the hassle
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All too often that reason is the garbage left behind. 90% of the local creek here is posted now. Ask the landowners. Garbage. They didn't mind people fishing. Just got sick and tired of having their prime property treated like a dump.
 
The garbage… I am not surprised at all. I live near the Speed river and there’s a popular carp fishing spot here. Before it gets really overgrown it’s a good spot to take the dog to swim and run daily. Day in and day out there are the F-ing corn cans and beer cans left behind. Not to mention the other junk.
 
spincast said:
All too often that reason is the garbage left behind. 90% of the local creek here is posted now. Ask the landowners. Garbage. They didn't mind people fishing. Just got sick and tired of having their prime property treated like a dump.
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Exactly
 
Octavius Brine said:
The garbage… I am not surprised at all. I live near the Speed river and there’s a popular carp fishing spot here. Before it gets really overgrown it’s a good spot to take the dog to swim and run daily. Day in and day out there are the F-ing corn cans and beer cans left behind. Not to mention the other junk.
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So you're a Guelphite
 
I guess you own a creek like we own property on both sides of Dedrick Creek in Port Rowan. Likely same case for the guy in Lynedoch.
 
Not too many places left where the land under the water is actually owned by the properly owner. If a land owner gives you a hard time, ask to see the deed for the property and see if the land under the water is included.
Problem is getting to the water is where you will be on their land in a good number of cases.
Find the property owner and see if they will grant you access and if they do make sure you get it in writing.
 
The property has been sold to a new landowner and they are building their home there. I know the previous owner and since the creek doesn't like to stay in 1 place there are parts of the property on both sides of the creek. I can't blame them for posting it. I don't know about you but I wouldn't want people in my yard either. If you're curious check out the laws on Miller's Rights granted with the original deeds and how it pertains to land ownership. Trespassing and liability are serious issues here on many properties.
 
And there's our answers. Thanks @Stick .
I've met the original owner a few times over the decades and was a great owner for allowing us to fish his property. I'll miss it for not only for the fishing but for the exercise and just being out in nature.
 
I fish Lynedoch all the time and the new owners let us fish there for a while and said this year he will post it. I always carry a bag with me and pick up other peoples garbage. Its a shame other peoples ignorance for nature....
 
The Beds of Navigable Waters Act makes the bed of a waterbody crown only if it is navigable. Navigability isn't just the ability to float a canoe. It is normally determined on a site-specific basis (where an interpretation is needed for legal reasons) and the interpretation is largely based on the waterbody's history and whether it historically was or currently is used as an aqueous highway. The vast majority of small creeks are not navigable and landowners have every right to kick you out.

Where the water is navigable, the crown land is the wetted bed of the river, not the high water mark or seasonally flooded lands. Riparian lands are subject to the laws of erosion and ecretion, meaning that when land is eroded or deposited by water the property line moves to follow the water.
 
SonsofFishes said:
And there's our answers. Thanks @Stick .
I've met the original owner a few times over the decades and was a great owner for allowing us to fish his property. I'll miss it for not only for the fishing but for the exercise and just being out in nature.
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Yep. Freddy is an awesome guy. Used to find me along the water, hand me a cigar and say show me where I can take the girls to catch a trout as I hopped into his truck. He'd drive me from hole to hole and we'd talk for hours. The next time I'd see him he'd tell me how they made out with a big smile on his face.
 
anonymoose said:
The Beds of Navigable Waters Act makes the bed of a waterbody crown only if it is navigable. Navigability isn't just the ability to float a canoe. It is normally determined on a site-specific basis (where an interpretation is needed for legal reasons) and the interpretation is largely based on the waterbody's history and whether it historically was or currently is used as an aqueous highway. The vast majority of small creeks are not navigable and landowners have every right to kick you out.

Where the water is navigable, the crown land is the wetted bed of the river, not the high water mark or seasonally flooded lands. Riparian lands are subject to the laws of erosion and ecretion, meaning that when land is eroded or deposited by water the property line moves to follow the water.
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The creek or river in question is navigable. It's been tried before with this particular waterbody . The bed is crown land 100 percent. Access may limited but you can't stop water bound access whether it's waders or canoe or float tube. I owned property on this waterbody a while ago near Delhi , heard it all.
 
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