Halifax driveway dispute case nears costly conclusion

There could finally be a costly conclusion to a right-of-way dispute that's lasted decades.

But SusanSutherland hopes Halifax regional council will give her some leniency when itcomes to the $230,000 bill.

Sutherland and her family live at 9 Milton Dr., a landlocked property along theNorthwest Arm. But her neighbours, Dr. Charles and Marie Cron, have always blocked anyattempt to allowvehicles over their land,Sutherland says.

• Timeline: Northwest Arm right-of-way battle

Instead,she lugs groceries and heating oil toher home along a public trail and worries about fire trucks getting access to herproperty, maintaining insurance and even power pole repairs.

"Without a legal means of access, you don't actually have the right to power," Sutherland says.

"I have power, but if I ever need a new pole or services, Nova Scotia Power has clearrules and one of them is you need to have a legal access route."

Thirty-one years later when an ambulance was denied access by the Crons,Harold Sutherlandpetitioned regional council for a right-of-way under the Private Ways Act.

After he died, his daughter re-appliedin 1998.

It took only six months for the commissioner appointed to the case to discover thein-filled lands actually belonged to the Crown under the direct control of the Halifax Port Authority, endingthe municipality's role in the situation.

A few years later the port authority offered Susan Sutherland a 10 year licence for a three-metre wideright-of-way.

But just before the licence expired in April 2010, without notice to Sutherland,the federal minister of transportation transferred the title of the land back to the Crons.

They then covered over the gravel road with dirt and planted rose bushes.The Crons also applied to Nova Scotia SupremeCourt to have the Private Ways Act quashed.Their case was dismissed in December 2010.

Sutherland petitioned regional council for a second time under the Private Ways Act.But this time she was told the case would not proceed unless she agreed ahead of time topay for arbitration costs.

"After carrying oil for five years I really felt like it was my only option," Sutherland says."I wasgiven some assurances that it would be a reasonable amount."

This time around, however, the process took more than three years.

The Crons raised issuesof liability if a fuel truck ever slipped off the right-of-wayinto the Northwest Arm.They also suggestedother routes through the back of the property, but estimated costs for those optionswere up to $350,000.

On November 27, 2013, the commissioner establisheda 3.6 metrewide right-of-way slightly above the one Sutherland had while she was licensed by thePort Authority.Sutherland made an offer for compensation, but it was turned down by the Crons.

A three-personarbitration panel convened on September 23, 2014.Two months later, it ruled that the Crons should receive money for the value of land usedfor the right-of-way, plus the loss of value to their property.

The compensation award, includinglegal fees, totals $168,477.15 The bill for the arbitration process itself is $61,583.52.The case goes to regional council for a final decision.

According to the report by Halifax staff,even if councillors deem the compensation award excessive, they cannot change the amount.Theycould send it back to arbitration but that could increase the costs to the petitioner.

At this point Sutherland is afraid of losing her home.

"I was born here.It's the only home I know," Sutherland says. "So losing it in this situation is astruggle to think about."

Sutherland says she's willing to pay the compensation to the Crons, but she hopes regional council will waive the arbitration costs, or at the very leastplace a lien on the property so she canpay it back over time.

"I feel somewhat betrayed by the process.The whole point of the legislation isvery clearlyintended to balance the rights of neighbouring landowners," she says. "But you've got to be able to comeup with a decision that is accessible, otherwise it's not justice at all."