A group of Sandy Hook property owners is asking Sechelt council to approve a land swap as the solution to a liability issue that has one of the property owners poised to block a well-used trail.(that provides sole access for some residents)
The trail is close to, but doesn’t follow exactly, the District of Sechelt right of way for the undeveloped Sandy Hook Trail. The Sunshine Coast Regional District (SCRD) and BC Hydro have utilities corridors in roughly the same area.
Phillip Djwa, representing several of the property owners, told council May 15 that when the water line was buried it didn’t follow the right of way route, but a trail built in the 1980s. “The trail is probably about 10 or 15 feet below… The reason was the [right of way] is very rocky and it would probably be impossible to put any kind of buried water line there.”
The SCRD mapped the area in 2006 in preparation for upgrading the water line, and the survey presented by Djwa clearly showed that the trail people are using crosses private property for most of its length. SCRD and BC Hydro crews also routinely use it to get access for maintenance work.
The owner of the property at the trailhead, Diana Mumford, has been working with other property owners on the proposal, because the liability risk has gotten to the point that she’s ready to block off the part of the trail that crosses her property.
Djwa said that would effectively render the whole trail impassible.
“What we have as a solution is to propose a swap of land. The idea would be to take the existing trail and that right of way and swap it for the current trail. This does have precedence and in other municipalities it is something that has been done,” he told council.
Djwa said all 12 of the property owners along Sandy Hook Trail are ready to support the land swap as a “solution to address all the significant issues” including allowing the water line to be upgraded and keeping the route available for fire and ambulance access.
He also said their lawyer, former Gibsons mayor Wayne Rowe, has suggested the District of Sechelt can leave the trail listed as “undeveloped,” which would ease the district’s liability by making it a “use at your own risk” route.
After Djwa’s presentation, Mayor Darnelda Siegers said councillors were able to get out and walk the trail recently to see the situation for themselves.
Council voted to refer the land swap idea to staff for review and a report.
Speaking from the gallery, Mumford told council, “My concern is that we cannot leave this any longer because it’s putting us inliability and if it’s going to be a lengthy discussion then we’re going to have to shut it down, because we’re responsible for it. If somebody hurts themselves on it, we are responsible and our insurance will not cover us because we have not maintained that trail – we’re a sitting duck.”
The trail is also the only link for the tenants on a waterfront property at the far end after the owners lost a court fight over road access through land owned by the numbered company 0990199 B.C. Ltd., which has also drawn criticism from area residents over logging activity (“Residents lose court fight for road access,” Coast Reporter, March 22).
Mumford said the tenants are planning to move and she has promised them she won’t take action to block the trail until they’ve gotten their belongings out.
“But this has been going on for 12 years and our patience is nearing its end.”
