N.S. government seeks to resolve disputes over land access

The Nova Scotia government tabled legislation Thursday intended to resolve disputes among neighbours over property access.

The Temporary Access to Land Act creates a process where a property owner can apply to the Utility and Review Board for an order allowing temporary access to an adjacent property.

It would allow for the completion of construction or maintenance work when there is no other way to do the work and it "aligns with prescribed provincial priorities."

It would apply to commercial, institutional, industrial and large apartment buildings, but not single-family dwellings or duplexes.

"We know that in 99 per cent of all cases when there are issues between property owners, there is a resolution found," Municipal Affairs Minister John Lohr told reporters during a bill briefing.

This legislation is about creating a mechanism to resolve disputes in the small number of cases where an agreement cannot be reached, he said.

"It is only for a case where there is absolutely no other way to get access to do work that's needed to be done," he said.

Requirement for compensation

To obtain an order, an applicant would have to prove they made a genuine effort to reach an agreement with their neighbour and could not. An order would be valid for up to a year, although the UARB would have the ability to renew it.

The board will also be charged with defining compensation for the affected property owner and requirements for restoration of a property to its previous state if there is any damage.

"It depends on the circumstances," said Lohr. "It may mean that it would be a bond that would be posted."

Lohr said there's been a feeling within his department that sometimes this has been an issue, although he said the bill did not come about as a result of a specific request from developers.

"It could be about a road construction program, too. It could be about a large development."

The bill would have a three-year sunset clause from the date it is proclaimed into law, although there would be the ability to extend the expiration date through a regulation change.

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