N.S. government seeks to resolve disputes over land access
The Nova Scotia government has introduced new legislation aimed at resolving disputes between neighbours over property access. The Temporary Access to Land Act, tabled on Thursday, establishes a process for property owners to seek permission from the Utility and Review Board for temporary access to an adjacent property.
This legislation is designed to facilitate the completion of construction or maintenance work when there are no other feasible options available. It specifically targets commercial, institutional, industrial, and large apartment buildings, excluding single-family dwellings or duplexes. Municipal Affairs Minister John Lohr emphasized that the goal is to address disputes that cannot be resolved through mutual agreement.
According to the proposed law, applicants must demonstrate that they have made a genuine effort to negotiate with their neighbour before seeking an order from the UARB. The temporary access granted would be valid for up to a year, with the option for renewal at the discretion of the board. Additionally, the UARB will be responsible for determining compensation for the affected property owner and outlining measures for property restoration in case of any damage.
Lohr clarified that compensation arrangements would vary depending on the circumstances, potentially involving the posting of a bond. While the legislation was not prompted by specific developer requests, it aims to address longstanding issues within the department related to property access for essential projects like road construction or large-scale developments.
The bill includes a three-year sunset clause from its proclamation date, with provisions for extension through regulatory adjustments. The government intends to streamline the resolution process for property access disputes, ensuring efficient and fair outcomes for all parties involved.
