New Brunswick Fishing Forum banner
1 - 8 of 8 Posts

·
Registered
Joined
·
298 Posts
Discussion Starter · #1 ·
I myself do not know the rules as far as selling water rights .. I heard it had to be handed down and not sold .. does anyone know the actual law that can put it in laymans terms ?? I do know land owners can block access to a river on the land but as far as the water ?? I'm unsure?
 

·
Registered
Joined
·
113 Posts
In simple terms, a riparian right means that the Land Owner having a riparian right owns the stream bed to the centreline of river, etc. that flows along or through his land. This means that the Owner can control access to or on the stream, or at least on the portion he has the riparian right to. This Owner does not own the water or any fish in the water, only the stream bed , hence his ability to control access to the water by being able to control who has contact with the stream bed on the portion he owns; i.e. standing or wading in the watercourse or anchoring a boat in the portion in which he has the riparian right.

I believe you are free to float a boat through his portion and you may be free to fish in it, as long as you are not in contact with the land ( stream bed) in question. You can't anchor your boat on his streambed, but you can legally fish it as you drift through, as I understand it.

In most cases, where someone does not have a riparian right on land abutting a watercourse, this person only owns the land to the high water mark, with the strip of land between the high water mark and the current water level being common or public property. This Owner can still control access to the water across his land, but if you can legally access the water above or below the piece of land in question, you can walk along the watercourse on the common property, including wading and fishing while standing on the stram bed, or anchoring your boat.

Since the Riperian right is a legal entity, it is deeded to the property in question, and would be sold with the land.

I'm not a lawyer, but this is my understanding of a "Riperian Right".
 

·
Registered
Joined
·
70 Posts
When the crown first gave out land grants they originally gave up to the high water mark, but then after a while switched to centerline of the waterway, then switched back to the high water mark, so the only way to tell for sure where it applies or not is to check the deeds. If this is the case they can do whatever they want with it and can block access if they choose to.
That being said, the majority of the land/water in NB is granted to the ordinary high water mark. When this is the case any "navigable" body of water is open to anyone and you cannot be barred from using the waterway.
There may be other areas like this, but as far as i know only in the northern part of the province around the mirimichi river system was the land granted to the center of the water course.
Hope that helps
 

·
Registered
Joined
·
70 Posts
If the water was originally deeded with the land, then yes, the water goes with it, but if it wasn't originally included then no, the water can't be bought with the land. The only exceptions i know of are for non navigable waters, such as a stream, which would go to cinterline, and a lake, which you could own the whole way around, and restrict access to the lake, but i don't know if you would ever own the lake itself. The other excaption is commercial businesses who can buy rights to certain areas, such as dock areas, salmon cages, etc.
 

·
Registered
Joined
·
1,727 Posts
you guys did a great job on the info, jimmie would be proud. one thing, it also states that they were also responsible for paying/suppling wardens and stocking the area. lots that speak up for their rights in this like to leave that part out - they get more control but have responsibilties, and they should be held to them.
 

·
Registered
Joined
·
357 Posts
What's the point? Anyone who buys a bunch of land with a lake on it and tales the trouble and expense to stock it, certainly isn't going to make it available to the public.
 

·
Registered
Joined
·
1,326 Posts
I checked with DNR about fishing Wood Lake on Rte 111, and they told me it was owned by a fishing club and it was private. The lake comes right to the edge of the road so it is easy to access without crossing private property but they still said it was private and I couldn't fish it. Here is a link showing how close the lake is to the road.

Wood Lake

As far as I knew water could not be owned by anyone but the crown, try telling that to DNR
 
1 - 8 of 8 Posts
Top