Quinte Fishing

I was just curious but do private property lines fluctuate with water levels on navigable waterways? I was always told that landowners own only to the "high water line" and that the strip of exposed lake bed between the "high water line" and the actual water level is considered crown land and is free for use by anyone for outdoor activities (shore fishing, walking, camping, ect.) I tried to look this up on the internet today but could not find a positive answer either way. I was hoping someone on here might be able to help me with a definite answer. Thanks in advance.

I'm not sure. I'd guess they own within a easement to the line not necessarily on the high water line. Even if it moved with the actual water line you are begging for trouble by fishing on someones border.

Im not talking about fishing in front of someones house. But with the waterlevels low there are many remote public access points with remote shoreline.

In the states, we talk about ownership between the state/crown in your case, and the upland owner. Typically the upland owner owns to the "ordinary high water line", usually marked by lack of vegetation, with riparian/littoral rights in front of their property. This usually applies in navigable waters. Since most of our laws are based on Kings law, I am sure yours are similar. I do not know of any rights of the public to use or walk in front of the upland owner on the strip below the ordinary high water line (sometimes referred to as the mean high water line). I aM not a lawyer but i did sleep at a Holiday Inn Express last night ....actually I am a land surveyor and deal with this type of thing quite often.

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Daren

Lmao "I did sleep at a holiday inn express lastnight". Too funny

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Bob MacMillan
Owner/Operator
Kingston Sport Fishing
https://kingstonsportfishing.ca/

It all depends on what the title deed states. I have recently been dealing with a situation where I had to do some background search for a ticket. I was charged with fishing from the pier in the Cobourg Harbour. The town owns the water lot which extends out approximately 400 yards beyond the light houses. However, they do not own the water. They only own the sea bed.

In another situation the title owners of property next to Cobourg Creek, their deed states they own to waters edge. Yes, their property lines change dimensions every second. This is how the deed was written up from the Crown going back to the original deed. This property is one of a few deeds that state "to waters edge". There are other deeds that state they own to the international border.

Similar to creeks on private property. Many anglers assume they can fish creeks on private property because the deed state they do not own the water. However, they do own the sea bed. The only way you can legally fish privte property is with a vessel of sorts. Provided you can gain access to the body of water from a road allowance and also be certain to not touch bottom with you craft or tackle for that matter.

You would have to do a title search of property to understand how it is defined on the deed. Cost is about 10.00 on average if you do it yourself.

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Live life as an exclamation! Not as an explanation.

In another situation the title owners of property next to Cobourg Creek, their deed states they own to waters edge. Yes, their property lines change dimensions every second. This is how the deed was written up from the Crown going back to the original deed. This property is one of a few deeds that state "to waters edge". There are other deeds that state they own to the international border.

Not to belabor the point, but even though the deeds may say to the waters edge, the legal ownership on international waters like Lake Ontario and the St Lawrence River is to the ordinary high water line with the Crown owning the bed of the body of water. Bay of Quinte is not International waters so that premise would not apply. In the states, unless there is a specific document giving the State ownership to the bed of the body of water, then proportionate ownership MAY go with the upland, subject to rights of others to float across the waters. This would kind of really answer the original question as to whether there is any legal right for someone to fish along the shoreline below the mean high water mark and the waters edge.

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Daren

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Thanks to Pro Advantage

All sounds familiar

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Daren