Sewer line deal with resident could save Bay Roberts thousands

By Olivia Bradbury / Local Journalism Initiative Reporter

It’s come up a number of times, but it looks like the Town of Bay Roberts may finally have a solution to the case of a public sewer line that runs beneath a private property.

The property in question is located on Smith Street Extension, an area of older homes and big lots.

The proposed deal comes as a result of efforts by chief administrative officer Nigel Black, whom council tasked a while back to talk with the property owner to look for an arrangement suitable to both parties.

“The outstanding issues are compensation for damage to property and contents, and also the fact that the sewer line that services multiple homes crosses this person’s property and really should have an easement or some sort of agreement in place to deal with that,” Black reported to council on Tuesday. “I did make it clear to the property owner that in terms of compensation for damages, there’s nothing we can really do in that regard unless they want to go through the insurance process. He understood that and appreciated that we do have to be consistent in how we deal with these things. In terms of the sewer line that is under his property, he feels that the Town should compensate him in some way for having that easement across his property, and has suggested an amount of $3,500 as being reasonable.”

Black noted the cost of removing the sewer line from the man’s property and relocating it properly in the road would be substantially more than the amount specified in the proposed agreement.

“The other option would be an actual normal, legal easement across the property, with a survey done, registration of title, all those sorts of things,” Black said. “So, there would be some legal costs there and we would still have to compensate. So, what he and I are suggesting is that we just come to a legal contract between the two parties whereby we agree to have this sewer line running across his property, and we agree to repair any damages should we have to dig it up in the future, and he agrees to have it there, basically. In return for that, he’s willing to accept $3,500, which is cheaper than both of the other alternatives.”

Black noted neither party was able to establish who put the line in there years ago. Should the property owner ever sell the land in the future, he added, the agreement will have to be disclosed to the buyer.

Councillors Silas Badcock, Frank Deering and Deputy Geoff Seymour wanted assurance that is actually the case, that in the event of a future sale, the agreement would still stand.

Councillor Dean Franey said that in the case of a future property sale, the agreement would have to be disclosed.

Black reiterated the case for the proposed agreement, pointing out that removing and relocating the line would cost substantially more.

“Why do you say it is substantially more?” asked Mayor Walter Yetman.

“I haven’t priced it,” said Black. “But you’re looking at a couple hundred feet of, number one, removing the sewer line, and tearing up the road, and putting in a new sewer line, if it can get graded to our manhole; if not, we would have to do another manhole as well. So it’s going to be $50,000 plus, I’m sure.”

Put to a vote, the motion carried with Mayor Yetman and councillors Franey, Ross Petten, Perry Bowering and Deputy Mayor Seymour agreeing with the proposed deal while councillors Deering and Badcock voted nay.