Fencing Off Old Road Allowances

[jd3007]

I own some pasture where I have land on both sides of an old road allowance that has been unusable during the summer as it’s flooded, but gets used sometimes after freeze up by hunters, snowmobilers and one neighbor that moves his cows down that mile when it’s passable. I am putting up new fence and want the fence the road allowance of as it saves a mile of fence. RM has given me approval but am concerned the odd user may be upset. I am still willing to let others go through as there will be gates on both sides of road allowance, as long as I don’t have my cows in there. What have others done in this situation?

[makar]

A cousin did just what you are talking about, he leased the road from the md, he did keep gates.

[checking]

I often wonder why anyone believes they have the right to close off a Queen's road to save them time and money. What about the fellow that has to spend their time and money going around your created obstacle. You can not stop the public from using it, if they so choose. It's the public's property. Your solution is Texas gates, if RM permitted. Otherwise, get use to bolt, or wire cutters.

[makar]

Yes you can if it is leased to you. Another example is my neighbor leased an unused road between his and his dads yards, a oil company was going to use it as free access to a well, he forced them to go around and pay. A lot of these no one but landowners can use.

[Sheepwheat]

We farm along a road that goes to nowhere. No one but me has reason to go up said road. We may approach rm about fencing the road in in the future. Yes, it is the Public’s road, but the land adjacent, and the land at the road end, is not theirs. It would save me hassle, and save rm maintenance and therefore tax dollars, if we could just graze it... something we are looking at as well.

[checking]

Procedures, procedures - municipal act. Closing roads - installing signs, right to be heard by objectors, tendering, could be outbid, restrictions that do provide public access, existing easements, second level of government interests, and still bolt cutters which was probably the concern. Not worth it from here.

Two Texas gates installed, expensive, verses 1 mile of fence expensive, I'd fence my two properties before getting into a good old neighborhood fight that is priceless.

My situation is a steep, steep ravine that divides the quarter. I like sitting at the top, taking in the view from my greater property, and the road allowance that would never be built to bridge it. Suggest the public likes the view, as well.

[grassfarmer]

Does it make a difference if a road allowance has ever been developed or not? We have an issue here with a mile long road allowance where the first half mile was developed at one time but never gravelled. The second half mile is half bush/half farmland and there has never been a road or even track there. Previous owners had always farmed the cleared part of the road allowance that is in my field. When I was fencing the place to graze cattle I put an electric fence around this field with an electric gate across at the end of the developed road allowance. The RM got huffy about that but it's not like anyone ever went through there, as there was nowhere to go. Made a big deal of me grazing part of the road allowance but it seems there is no problem for anyone else in the area to farm road allowances. With 100 foot road allowances in MB we carefully placed our perimeter roadside fences 51 feet back from the road centre but I've measured places where neighbours are farming 20 feet from the road centre, literally farming the ditch.
Problem with our electric gate is that hunters drive through it to access posted land they do not have permission to hunt on. I've solved that issue by placing a 30' oilfield pipe feed bunk across it.

[checking]

Undeveloped, not a bit, because who knows what the future will bring.

It won't bring much if RMs sell road allowances to appease ratepayers blocking in sections. Where do you start, and where do you stop that action?

I'd love to isolate myself in a five mile square core. Throw up a flag, a Trump wall, a private road, and then expand, but it's a lousy idea for society.

[makar]

I said here rm has leased not sold allowances, they can take them back at anytime.

[WiltonRanch]

It’s funny how some figure they own a road allowance and can’t get it through their head they don’t. Or guys who’ll go and build or drill water wells a foot off the right away. Seen it done and shake my head. It was done many years ago but anything can happen. Even if they’re in the right what a pain for everyone if a road needs to be built. As far as fence is concerned I wouldn’t worry about fencing across but be sure to have decent easy to open and shut gates or Texas gates. Can’t see rm getting concerned unless they want to build a road. By the time hunters show up usually cattle are off grass anyway. I hate to say it but hunters are a pain in the ass. Especially those who don’t ask permission and they don’t need to ask if on a road allowance I think.

[grassfarmer]

They don't need to ask to be on a road allowance but equally I don't think they are allowed to shoot on or off a road allowance are they? Common practice here seems to be shooting off the road allowance onto posted no hunting land then driving through a gate/fence to retrieve their catch, often after dark which is also illegal.

[Happytrails]

My advice would be to do whatever you can to AVOID having to fence the road allowance on both sides. Leasing it from the municipality would be the best.

[newguy]

Put in gates that are good and user friendly.leave open when no cows in pasture.