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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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My 87 year old mother has had a legal issue 20 years re: her

Customer Question

My 87 year old mother has had a legal issue for over 20 years re: her property which was purchased through the veterans land act with my Dad (WW11 vet) who has since passed away. She has a road easement with the neighbouring golfcourse but they blocked her access off the back part of it making her use the front road. It is a looped road but because of their liability with golf balls and golfers interfering with her property they don't want her to use it anymore so blocked it off with a concrete barrier. They built a big building on part of this easement road for their storage as well. Mediation happened for a full day, power went out during negotiations, Mom was very stressed out, pressured, had no family with her for support as was told if it went to court we would need to be witnesses. She ended up signing an agreement at the end of the gruelling day which she did not fully absorb. Now she has given the golfcourse a 20 year easement to allow them to lob golf balls in to her property approx. 450 ft. Along the #1 and # ***** fairways. They will pay her $15,000 for this easement but she won't be able to use her property for 20 years. Also they will pay her $10,000 for the easement access road which they blocked off years ago so they don't have to move their building etc. She has spent over $40,000 in legal fees. The golfclub would not meet with her first lawyer to discuss legalities/repercussions of blocking her road off.
Now they want to take my Mom to Supreme Court saying that she signed this agreement and it is legally binding. She is a war veterans wife and the property was purchased through the VLA. It is unfathomable what is happening to her and we don't know what to do. Are there any VLA lawyers that can advise, look into the records etc. If we could prove that the easement was definitely a looped road that would help. The property was established by previous owners prior to the golfcourse being established. They did not give up their road but agreed to have it diverted (but did not give it up)
Any help would be extremely beneficiAl, eg. If she were to sell the property before the court date would the agreement be null and void. She has not signed the official easement agreement at mediation, only the rough draft.
Thank tou for any help you can provide as this is extremely stressful for my Mom and for her to be treated this way is unconscionable. My dad served in Egypt in WW11
xxxxxxx xxxxxx
#xxx-xxx-xxxx. xxxxxx, xxx. ( The property is in New Denver BC, West Kootenays )
Submitted: 1 year ago.
Category: Canada Law
Customer: replied 1 year ago.
This is a Veterans Land Act question so I need one of their lawyers to answer most likely.

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