North Vancouver City Mosquito Creek Bank Subsidence

Posted by Johannes Schenk on May 18th, 2007 — Posted in Municipal Law

I note that the City of North Vancouver will be holding an information meeting on May 24, 2007, relating to Mosquito Creek bank subsidence. There was an article in the North Shore News last week about the City’s response and handling of the matter. I understand that the City is pointing the finger at home owners. That somehow doesn’t quite seem right to me as the subsiding land appears to be City property. It is also hard to imagine that any of the affected homes were built and sited without a City permit.

Without further examining the matter, the City seems to be offloading its responsibility in the matter to affected homeowners. The basic law in this area is that a landowner, in most instances, has a right to lateral support. That principle may apply in the case of your neighbor’s (the City’s) subsiding creek bank. Given the expense owners are going to face rectifying the situation some kind of cost sharing program should be entered into at a minimum.

Affected home owners should attend the May 24, 2007, meeting and carefully question the City’s intentions with regard to stabilizing Mosquito Creek bank. I would hope that the City lives up to its obligations and treats affected homeowners in a fair manner and according to the law.

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