Discussions

Just wondering if I could get some advice from anyone that had this experience  
It's concerning an undeveloped road allowance that is shared by the RM and Indigenous and Northern Relations. It is west of my property and goes approx 1/4 mile to a lake  
I got approval from both to blaze an eight foot trail to the lake on this road allowance I got a permit from conservation to do this work  
The problem lies with the land owner on both sides of the road allowance that has two cross fences with out gates  
I was told by him I could not touch his fences that cross the road allowance blocking my access He said that his lawyer said I could not touch his fence  
Any advice  
Thanks

Never been in the position of having a conflict about road allowances, but it is my understanding that unless the road allowance has been closed by the municipality, meaning that it is no longer a road allowance, then people are supposed to be able to use it. It seems you have gone through the process to clear a trail, and once there is a trail I believe the cross fences must have gates in them. I think that the tricky part here is no trail there is no need for a gate, once there is a trail a gate is needed. What constitutes a trail might be hard to define.  
I can understand maybe why the person does not want gates in the fence, or maybe even the trail, once both are in place the trail becomes useable by anyone, and sometimes that anyone forgets to close the gate.

Some municipalities have new policies which can allow adjacent land owners apply to use road allowances for their personal use (if you are currently using a road allowance you are then grandfathered). This however does not allow them to close it permanently if access is needed to get to something, trail or no trail.

Thanks guys. I guess my first step is to approach the RM and see what they say. Up here road allowances running east and west are two miles apart making it difficult to get to the lake.

I'm wondering if you are on pretty good speaking term with the person who has the fence up. I believe there is a solution to this problem, but it would involve working with the other party involved.

Texas gates problem solved. Unless the problem will be people other than you harassing or stealing his livestock with new easy access

No am not on speaking terms with land owner.

That makes for a difficult situation, but your on the right track by working with the political parties involved, including the municipality, they should be able to straighten things out. As a livestock producer you sometimes don''t like seeing road allowances opened for public traffic, but the law is the law, and the land was set aside for a reason.,  
Good luck, hope you're able to get to your lake.  
 
Edited by don brown, 2017-10-22 13:04:17