Foreshore rights

[Lipripper]

I have no idea what foreshore rights are nor how much it costs....
can any one shed some light (Sooke area)

 

[dohboy]

sooke has some funny rules, there are some foreshore's that go out over 100ft due to some ww2 rights from the queen, my GF's pop has the smallest chunk of land but he has the fore shore rights almost half way out in the bay, go figure

 

[jimbob]

IF you could explain your issue in a bit more detail I can likely answer your question. I assume you are concerned about access rights

 

[Lipripper]

I dont have a clue what it means/what it is? Say if you bought a property on the basin/harbour does the property come with the rights or is it more of pay by year property tax kind of thing? I did google it but could not find anything of relevence.

 

[Sushihunter]

quote:Originally posted by Lipripper

I dont have a clue what it means/what it is? Say if you bought a property on the basin/harbour does the property come with the rights or is it more of pay by year property tax kind of thing? I did google it but could not find anything of relevence.

My understanding is that if you own waterfront property, then you would automatically own the land down to the higher highwater mark.

I have not researched this, but have "known" it for many years. It could be wrong.

And, this applies only in Canada. In the USA things are quite different where landowners can own right down to the water, and thus prevent people from trespassing on their beach.

In Canada, land owners must provide access to the water - even if they own the land surrounding a small lake or river.

Jim's Fishing Charters
www.JimsFishing.com
http://ca.youtube.com/user/Sushihunter250

 

[beemer]

Hey Lipripper , The foreshore rights in Canada comes in many forms. As a waterfront landowner you own the rights to use your land down to the highest mean tide mark. In Canada no one owns their land only the reasonable right to use in in the way they see fit. The Provincial gov't grants the foreshore leases and it is a long process to get a new one.(several years).They only give 20 year terms now, but many leases were granted to municipalities in the 40s and 50s who in turn gave them to waterfront landowners that have longer terms.

You are not obligated to grant access to the beach to the public unless a easement appears on the land title. But if someone walks down the beach or arrives by boat you have no right to stop them from using the area below the high tide mark. If they throw a anchor down thats another matter.

There are also harvesting foreshore leases that allow you the specific rights to harvest clams etc , but no other rights.

The Land titles office in Victoria has all the records and titles , make sure you get a lawyer to look over the title before you buy or commit (or make it a subject on the purchase form).One key thing to remember is that foreshore leases are not automatically transferred to the new property owner. You must reapply(the gov't cannot reasonably refuse you) but many waterfront owners think they own their foreshore rights, but it actually belongs to the previous owner of the property!

This is a pretty hot topic in other parts of the world and many aboriginal rights are being "exercised" with the support of the gov't, so if you are near a native reserve tread cautiously.

Hope this helps.