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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2263
Experience:  25 years in practice
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I hope you can point me in the right direction: and visiting

Customer Question

Hi, I hope you can point me in the right direction: I am Australian and visiting Sun Peaks in BC for skiing. I have a close friend who owns a ski chalet at Sun Peaks but is being denied ski access out from her property by a neighbour who has planted a tree close to his property, but which is blocking the ski path (which was a legitimate path when she bought the land to build on). My question is; is her neighbou9r creating a lien, or easement as nothing is officially being done about the breach? If so, how long does he need to leave the tree their before the lien is created?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Yes, the state is in British Columbia and Sun Peaks (near Kamploops) has its own council/province
JA: Has anything been filed or reported?
Customer: I believe that a representative from the council came to inspect the area generally for application for over night rentals and asked why the tree was there, and that he would have to 'mention it', but that was a few months ago and nothing has happened...
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, just whether my friend has the right to appeal if this is an attempt to gain land from the neighbour AND it is obstructing the ski route! She would not have bought the property if the tree was on the plus in the middle of the ski access..
Submitted: 1 month ago.
Category: Canada Law
Expert:  Legal Ease replied 1 month ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Legal Ease replied 1 month ago.

I am not quite following the facts.

Is the tree on her property or his?

Customer: replied 1 month ago.
The tree has been planted by the neighbour outside both properties on common land which was designated as a ski access run, it is now blocked due to the tree. So, it is not on either property but just outside the neighbours, and snow and debris has built up between it and the neighbours' front wall hence blocking the ski access run and looking to be almost part of the neighbour's property.
Expert:  Legal Ease replied 1 month ago.

Do you mean this is land owned by the Crown?

Expert:  Legal Ease replied 1 month ago.

Did you get a chance to read my question to you? I cannot answer you in a meaningful way until I gather the appropriate information. There is no charge for us going up and back of course.

Thanks!

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