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North Westside Road Service Area
Easement Roads and Utility Corridors
Comment Form
LAST UPDATE
December 30, 2008
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be sure you see any updates.
Who is responsible if a properties registered easement road is not in the
correct location and the owner of the property wants the easement road moved to
the correct location?
Who is responsible for snow removal?
Who is responsible to keep the easement road access open if a tree falls on
it for instance? The owner of the easement road is most likely responsible that
others have access through it. The property owner cannot block access
through the property from others crossing it.
What should you do if your neighbour blocks your easement road access?
Phone the police to have the matter settled if the parties cannot come to an
agreement.
These are just some of the questions that need answers. If you have
documentation that you wish to submit to this webpage for inclusion, please do
so, as we wish to post all information regarding utility corridors at Westshore
Estates and Valley of the Sun and rights of way etc. for all subdivisions in the
North Westside Road area.
The "Land
Title Act" explains easements, and rights of way.
Land Title Act - Division 4 — Statutory Rights of Way, Miscellaneous
Covenants and Easements
Statutory right of way218 (1) A person may and is deemed always
to have been able to create, by grant or otherwise in favour of
(a) the Crown or a Crown corporation or agency,
(b) a municipality, a regional district, the Greater Vancouver
Transportation Authority, a local trust committee under the Islands
Trust Act or a local improvement district,
(c) a water users' community, a public utility, a pulp or timber,
mining, railway or smelting corporation, or a corporation authorized
to transport oil or gas, or both oil and gas, or solids, as defined
in the Pipeline Act, or
(d) any other person designated by the minister on terms and
conditions that minister thinks proper,
an easement, without a dominant tenement, to be known as a
"statutory right of way" for any purpose necessary for the
operation and maintenance of the grantee's undertaking, including a
right to flood.
(2) To the extent necessary to give effect to subsection (1), the
rule requiring an easement to have a dominant and servient tenement
is abrogated.
(2.1) The minister may delegate to the Surveyor General the
minister's powers under subsection (1) (d).
(3) Registration of an instrument granting or otherwise creating
a statutory right of way
(a) constitutes a charge on the land in favour of the grantee,
and
(b) confers on the grantee the right to use the land charged in
accordance with the terms of the instrument, and the terms,
conditions and covenants expressed in the instrument are binding on
and take effect to the benefit of the grantor and grantee and their
successors in title, unless a contrary intention appears.
(4) A person who executes an instrument in which a statutory right
of way is created is not liable for a breach of a covenant in the
instrument occurring after the person has ceased to be the owner of
the land.
(5) This section is retroactive in its application and applies to
all statutory rights of way, whenever created.
(6) A recital in a grant or reservation of a statutory right of way
that it "is necessary for the operation and maintenance of the
grantee's undertaking", or a statement to that effect in the
application to register the statutory right of way, is sufficient
proof to the registrar of that fact. |
Click subdivision below to read about the easement for that subdivision
If you can't click on one of the
subdivisions above, its because we have no data or documentation yet for
this subdivision. If you have some documentation please email it to us
as an attachment to
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Valley of the Sun
Properties along Balsam Road at
Valley of the Sun
alias (Firwood Estates) have an easement road registered in the land
title district that runs across many properties lining one side of
Balsam Road (only on the properties on the Kelowna side of Balsam Road
and not the Vernon side). If you
click the links below you will read the 5 pages of documentation
that came from the Kamloops land title registry regarding Valley of
the Sun easement road in favour for and for the benefit of
properties lining the one side of Balsam Road.
Plan 20608 - District
Lot 2922 - Right of Way numbers A12111 and A12112
click page for full document and larger print
This is only a partial page (top part) of page one of five pages of
the documentation which are listed in order below.
This is page 2 of 5, of the documentation pages listed in order
below.
click page for larger print
It says in the
documentation above:
You will need to click on each of the links below
to read each of the 5 pages of documentation regarding the Balsam
Road easement road at Valley of the Sun.
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Easement Road Measurement Maps for Valley of
the Sun properties along Balsam Road
These four maps show the measurements
of the Balsam Road easement road (registered at Kamloops
Land Registry) for Valley of the Sun lot #'s 49, 52,
53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, and 65.
The easement road runs from and across lot 49 up to the
lot line of lot 66 and there is no easement road on lot 66.
Lot 66 has use of the whole easement road to access lot
66. Lots 50 and 51 do not have an easement road
running across them as they do not border the easement
road.
These four easement road maps below
are copies of maps received from the Kamloops land title office.
OIP = Iron Post Found
IP = Iron Post Set
Click each map below
to see larger maps. |
Lots 49 and 52 |
Lots 54 and 55 |
Lots 53 up to and including lot 57 |
Lots 59 up to
lot 66 |
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Westshore
Estates
Meeting regarding charging Westshore residents $250.00 per year to maintain the
back lanes.
Another notice found on the bulletin board regarding Westshore Estates water
utility corridors.
One Story from one resident of Westshore was said like this in an email, quote:
"RDCO (actually us) claims to own the corridors in Westshores, they do not get
plowed, sanded or looked after in any way. RDCO was going to block access until
we raised hell, so they then decided we should file easements and they would
then be our responsibility. We refused on the grounds that we already owned them
as we already own RDCO. They backed off and everything returned to status quo."
Page 1-2
Engineering Committee Meeting Minutes – March 20, 2007
2. ENGINEERING SERVICES
d. Westshore Estates Utility Corridors
Item 2d) was discussed first as Westshore Estates’ residents John S.
and Lorraine N. were in attendance.
Don Darling explained that over several years the Engineering Dept.
has been trying to resolve the issue of access over the Westshore
Estates utility corridors.
Recently residents did not support a maintenance function, and the
RDCO lawyer and insurance provider recommended that access remain
status quo, with signage being posted to the effect that the utility
corridors are used at the owners’ risk.
Don advised that Mr. S. has been using the corridor (Lot 177)
as his driveway and now a neighbouring property owner, Mr. Gaudette,
will be building 3 lots away from Mr. S. and will be using the
corridor (Lot 177) as access to his home. Mr. S. is concerned
re. the resulting traffic being so close to his home.
Board policy, which is not to prevent usage of the utility
corridors, was explained to Mr. S. and he is now requesting the
sole rights to Lot 177 through a right of way agreement, or by
expanding his property to include a portion of Lot 177, in order to
block or regulate access. The RDCO identified that the only viable
access to neighbouring properties could not be blocked, also that a
precedent could not be set in cost sharing for fencing.
Mr. Gaudette and Mr. S. have discussed various options but have not
been able to agree on a solution. Mr. S. and Ms. N.
attended the Engineering Committee meeting in order to try and
resolve the issue.
Mr. S. advised he has researched the issue thoroughly and feels
he now has a house with no driveway, which would make selling his
house extremely difficult.
Discussion ensued re. fencing, separate access for the Gaudettes,
set backs, and cost sharing with Mr. Gaudette.
9:45 a.m. Mr. S. and Ms N. left. |
Page 4
Engineering Committee Minutes – October 19, 2006
g) Westshore Estates Utility Corridors
Don advised that the review of the unauthorized use of the utility
corridors has been completed with the RDCO insurance providers and
lawyers, Lidstone, Young & Anderson.
It was
recommended to post signs notifying users that the utility corridors
are not maintained and that residents are using the corridors at
their own risk. The estimated total cost is $7,580 which should be
paid out of the Westshore Water Utility’s yearly budget.
REID//NOVAKOWSKI
THAT the Regional Board authorizes the Engineering Services
Department to seek legal advice as to the correct wording for the
proposed notification signs;
AND FURTHER THAT the Engineering Services Department proceed with
having the signs prepared and posted at the entrance of each
Westshore Estates utility corridor;
AND FURTHER THAT the cost of preparing and posting the signs be paid
out of the Westshore Estates yearly budget.
CARRIED |
Page 4
Engineering Committee Minutes – July 13, 2006
b) Westshores Access Road
Hilary advised that the Regional District operates and maintains a
water utility in the Westshore Estates Subdivision. Water mains are
located within narrow strips of
fee simple land owned by the
Regional District, instead of in a statutory right of way. Residents
are using the water utility land as access to their properties and
there is concern about liability and damage to the utility. Some
residents have suggested that the Regional District should maintain
this land.
There is no revenue currently in the budget to maintain the land. A
public meeting was held on July 5th, 2006 to determine what the
residents may be willing to pay for. It was estimated that
maintenance costs would be approximately $250/$275 per household per
year (if all property owners contributed, not just the benefiting
properties). The outcome of the meeting was that residents wanted
things left as they are.
° Hilary expressed concern re. liability and indicated that any new
construction should be required to register an easement (at a cost
of $400) over the access road to their property, and also suggested
that signs be put up to use at your own risk.
Discussion ensued:
°
Residents have always been able to use the lanes, so legally now
they probably could not be stopped.
° Liability is a huge issue. Must get lawyer’s advice as “occupants’
liability” is very different from liability on dedicated roads.
Previously MOT would not agree to dedicating these lanes as roads.
It was suggested that MOT
be re-approached re. obtaining occupants permits and saving them
harmless.
° Must deal with this now, as the risk will only become greater.
° Talk to lawyer first, but must work together with residents.
DINWOODIE/NOVAKOWSKI
THAT Engineering Services staff look into establishing a strategy
for the Westshores area to develop a maintenance plan, in
partnership with the residents, subject to legal counsel first being
sought to determine the liability
issues;
AND FURTHER THAT a report be brought back to the next Engineering
Committee meeting.
CARRIEDDAY/NOVAKOWSKI
THAT Engineering Services staff look into
registered easements for any
new building permits issued in the Westshore Estates
subdivision.
CARRIED |
Page 3-4
Engineering Committee Minutes – January 19, 2006
b) Westshore Estates Water Utility
Don advised that the Regional District operates and maintains a
water utility in the Westshore Estates Subdivision. Water mains
are located within narrow strips of land owned by the water
utility instead of in a statutory right of way. Residents are
using
the water utility land as access to their properties and there
is concern about liability and damage to the utility. Residents
are also suggesting that the Regional District should maintain
this land. There is no budget to maintain the land so a
referendum
is being recommended to let the public decide what they are
willing to pay for. Don stated that the preliminary budget for
maintenance costs is approximately $250 per parcel per year, and
all property owners should contribute, not just the benefiting
properties.
Aaron suggested consulting with the North Westside Communities
Association on the recommendation and getting their support
before going to the Board. He reported that Harry Pospolita and
Ian Kilpatrick have a very successful track record with
community meetings and referendums.
Discussion ensued re. liability if the lanes were not
maintained.
KNOWLES/NOVAKOWSKI
THAT the Engineering Services Department consult with the North
Westside Communities Association on conducting a referendum to
determine if there is sufficient support to establish a service
area for the maintenance of water utility land within the
Westshore Estates Water Utility service area;
CARRIED |
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Building Schedule for Westshore Estates
click each page for larger print |
page 1 of 2 |
page 2 of 2 |
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Never doubt the ability of a small group of concerned
citizens to change the world. In fact, it is the only thing that ever has.
To be updated by email on the latest
news regarding the easement roads, use this form to tell us
your email address and what subject or subjects you wish to be kept informed
about.
We will email you with updates, so stay
informed!
SOLUTIONS CONCERNS COMPLAINTS ??
If you have information, questions, comments, solutions, concerns or complaints
regarding the easement roads, please fill out the form
below and your comments will be posted to this website
here. Maybe others
who have answers to questions won't mind sharing?
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