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So, how does one find out land ownership relative to the high water mark along a river, for instance? I had always heard that along any waterway, the first 15 feet from the high water mark is public. Is there any truth to this?
I also heard that 30 feet from the center of a road outward on either side is owned by the government. Any truth to this also?
 

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So, how does one find out land ownership relative to the high water mark along a river, for instance? I had always heard that along any waterway, the first 15 feet from the high water mark is public. Is there any truth to this?
I also heard that 30 feet from the center of a road outward on either side is owned by the government. Any truth to this also?
Just from hearsay; My father always told me his land along the Saint John river was deeded to the low water mark( Or high water, not sure)and the gov. owned 30 feet from road center as you said.
 

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Most waterfront lands are governed by the same rules, but I've also heard that some were deeded under a King's Grant, which entitle the landholder to owning into or including a body of water. I don't know if it's actual fact, but I've heard talk of it a few times.
 

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Discussion Starter · #4 ·
Most waterfront lands are governed by the same rules, but I've also heard that some were deeded under a King's Grant, which entitle the landholder to owning into or including a body of water. I don't know if it's actual fact, but I've heard talk of it a few times.
I wonder how one could find out for sure? If you go on http://geonb.snb.ca/geonb/ and put your cursor on the little planet earth icon, then select "aerial view" and zoom in, you start seeing property lines. Most end before the water line and the roads, however, like you mention, some seem to go right into the water. I didn't know about this King's Grant, however.

I've always found it interesting that some people post "no trespassing" on land that where the 30'-from-center-of-road and high-water mark over lap each other (along sturgeon alley, for example), and wondered if they even actually own the land in such cases. It'd be nice to know.
 

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So, how does one find out land ownership relative to the high water mark along a river, for instance? I had always heard that along any waterway, the first 15 feet from the high water mark is public. Is there any truth to this?
I also heard that 30 feet from the center of a road outward on either side is owned by the government. Any truth to this also?
I used to do land surveying, so i dealt with this almost every day. For waterways, if it is a "navigable" body of water you own down to Ordinary Hign Water Mark, you might see of some plans or deed "OHWM" for this. If it is a smaller body of water like a brook or stream that is the boundary you would own to the centerline of the stream. There are exceptions to this rule as up in marimichi where for a time when the original land grants were given they were given to the centerline of the waterway, or if you own both side, you own the waterway in that section. I believe some lakes may be like this as well.

The only way to know for sure would be to go to SNB and look at the deeds or plans in the area and see if it says to OHWM or to centerline of the water.

As for regular roads, 30 feet from the centerline is an estimate. The width of what the city/province owns is "generally" 66 feet wide, or 20.117m for you metric guys. The roads are also "generally" built in the middle of this stretch, so approx 33 feet or 10m from the centerline is usually pretty close. I would use it as a starting point to look for peoples survey markers.

Again though the only way to know for sure is to look at peoples deeds or plans in the area. Some roads have uneven sections, narrow points, wider spots and some are built intentionally to one side if they anticipate putting another lane in at some point.
 

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I would say DanD gave you some pretty good advice based on what I understand. Be aware that those property lines on GeoNB are really just a guide - there are lots of errors in that mapping. Just because you can pick some landmark off the aerial photo and then find it on the ground doesn't mean that is where the property line is.

Question for DanD - does the government own the 66 feet or is it considered right of way?
 

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I would say DanD gave you some pretty good advice based on what I understand. Be aware that those property lines on GeoNB are really just a guide - there are lots of errors in that mapping. Just because you can pick some landmark off the aerial photo and then find it on the ground doesn't mean that is where the property line is.

Question for DanD - does the government own the 66 feet or is it considered right of way?
It is owned by government unless it is a private road, then sometimes it is a person who owns it but everyone on the road has a right of way
 
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