French Bay and Frenchman’s Cove
The general rule for access to French Bay Beach and Frenchmans Cove Beach is that there is a right-of-way to the beach from 2nd Ave. every two cottages. Most cottage lots are 80’ wide and the right-of-ways are 40’ wide. … so 2 cottage lots, then a right-of-way, then 2 cottages, then a right-of-way and so on.
Many of the right-of-ways have a stream running through them and no path. Some have streams and a path. But technically you should not have to go far to find one.
Many right-of-ways have not been used regularly and have grown in and are thus not obvious.
Owners of cottages next to a right-of-way are responsible for keeping the right-of-way cleared.
Some cottagers have let the right-of-way grow in because it wasn’t being used.
Some have let it grow in on purpose to prevent people from coming to the beach by their cottage.
Others have taken the liberty of building their sheds /bunkies etc out onto the right-of-way to take advantage of the extra space.
A right-of-way every two cottages means that every cottage on the beach has one right-of-way beside it, either on the left or the right.
This means that all cottagers with waterfront lots have a responsibility, along with their neighbour on the other side of the right-of-way, to keep the right-of-way clear. That doesn’t mean the full 40’ width should be cleared, but it does mean that a reasonable path wide enough for people, wagons, floaters, etc. must be created and maintained for use by those who do not own waterfront cottages.
Talk to Your Neighbour
It is always better if cottagers talk with each other about keeping these paths open.
Complaints to the Band about cottage owners not maintaining the paths next to their property could result in the Band clearing the right of way, making it much wider than necessary and undoubtedly less aesthetic and of course there is also the likelihood that shed/bunkie etc..encroachment onto the right-of-way will be discovered and result in a removal order.
Our advice is to talk to your neighbours with waterfront lots and get them to open up a path if one does not exist. Failing that, see if they are prepared to let you do it ( which may not be to their liking). Hopefully one of these two will work, because getting the Band involved is probably not what either of you or the Band wants.
If the Band does the work, it is likely that the two waterfront neighbours responsible for keeping the path open will be billed for the work.