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Preston Lake, Stouffville

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1:22 pm
February 2, 2011


ern23

posts 1

1

Howdy,

 

There's a lake in Stouffville that is surrounded by private property, but is a crown (natural) lake. 

Preston Lake is a natural lake and thus crown property. Use of the lake and its shorelines is regulated by the Department of Fisheries and Oceans Canada in conjunction with the Toronto and Region Conservation Authority (including some funding for shoreline restoration); the Ministry of Natural Resources governs fishing regulations, town by-laws prohibit the use of power boats on the lake, and laws are enforced by the York Regional Police Marine Unit. While the resources of all levels of government are used for the regulation, protection and preservation of the lake, the entire perimeter of the lake is currently in private hands, and the homeowners in the sub-communities alone benefit from exclusive access rights to one of Whitchurch-Stouffville's most significant natural and recreational assets.

 

This lake yeilded the Ontario record Largemouth Bass. How does one go about getting on it without knowing or being a homeowner? I was always told that anyone is allowed access to any natural waterway in Canada.

 

Thanks for your input.

2:44 pm
February 21, 2011


ern23

posts 1

2

Well, I've spoken with my Father-in-law, who is a real estate lawyer not too far from Stouffville. He's checking into the validity of the ownership of the area directly adjacent to the properties. If I remember his wording correctly, there was a law passed in the 1910-1920 era that appropriated the 66' surrounding a waterway, to make road building possible. Also, any private road leading to this waterway was made public as a result, if the road was surveyed originally at that time. If it's all been purchased directly from the crown AFTER the 1910-1920 timeframe, then it can be completely private.

Muskoka has good examples of this, if the main cottage is closer than 66' to the waterfront, it's either illegal (no permits were taken out), or very old (you can upgrade within the existing foundation perimeter if it was grandfathered in).

 

Looking at a map, there is a road that goes right to the waters edge on the North-East corner of the lake, which is (typically) reserved for cottages. However, if it's a municipal road, they can't keep you off!

 

Can you tell I am trying to get on this lake??

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