Beds/streams/lakes/ponds

Question 1

Foreshore

Answer 1

tide washes across it. Between low water line and mean high water line (doesnt include land covered by high spring or extraordinary tides). Owned by Prov Crown. Land up to mean high water mark is riparian. Justification is that foreshore is not manurable.

Question 2

Sea Bed

Answer 2

federal/provincial constitutional issue.

Question 3

River/stream bed

Answer 3

Tidal - treated as foreshore (bed owned by prov crown)

Non tidal
Navigable - bed vested in prov crown
Non navigable - if old certificate of title, rebuttable rule of ad medium (riparian owners on either side own their half unless otherwise stated or intended and known by both sides).
If newer certification of title, by s55 and s56 of land act, ad medium rule does NOT apply

Question 4

Micklethwait v Newlay Bridge

Answer 4

1886: ad medium rule applies even if bed not coloured, unless there is a known intention. Presumption that land bounded by road/stream will include half of the stream bed. Can be rebutted by express statement or circumstances known to both parties at the time of conveyance that show intention by the vendor to make use of that part of the stream bed so making it necessary to retain the soil.

Policy reasons: half closest to you can be most easily used by you.

Question 5

Canadian Exploration v Rotter

Answer 5

removed large quantities of sand and gravel from riverbed. Found that Ad medium rule still applies under bc Torrens system with the Land Act when land is bounded by non tidal and non navigable stream. Dissent said object of the torrens system was so that people didnt have to go behind the register.

Question 6

s55 and 56 of Land Act

Answer 6

1996. Following rotter, this legislation was passed to phase out the ad medium rule.

s55(1) no part of bed or shore is deemed to pass to person acquiring grant unless red color used on map or express provision to the contrary, or minister otherwise directs.

s55(4) no part of bed or shore of body of water below its natural boundary passes or isdeemed to have passed to the person acquiring the land unless express provision in the crownt grant to the contrary,

s56(2) Doesnt affect claims before 1961 or someone with indefeasinle title issued before 1961 that specifically includes the bed (whether or not used), or the owner of land in a subdivision for which the plan was deposited to the land title office before march 1961 if it includes the bed or body of water designated in a colour other than red on the map attached to the crown grant.

Question 7

Welsh v Marantette

Answer 7

1983 ont. (case involves riparian access but also involves support).

Artificial waterway doesnt carry rights itself, looks at original natural waterway. Only navigability rights if it has characteristics of a highway.
Navigable rights exist if it is useful as a public highway in its NATURAL state. Policy reasons (commerce, predictability).

Question 8

District of North Saanich v Murray

Answer 8

pilings driven into ground adjacent to plf property. Does a riparian owner have right to construct structures on foreshore? NO. Riparian rights include access, right to cross foreshore, mooring. No right to construct on foreshore.