I own a parcel of land – a city lot with a house – in Fredericton. I have enjoyed the use of the property for approximately 10 years, but my enjoyment of the rights of ownership diminished after a new house was built on the lot adjacent to mine. My lot, and the lot on which the new house was built, are located on a slight downward grade with my lot being higher than the adjacent lot. Before the new lot was developed, water drained unrestricted from my lot to the adjacent lower lot. However, now that the lower lot has been developed, water can no longer drain and collects on my lot. In the spring and after significant rain in the summer and fall, water pools next to the northwest corner of my house.
I expressed my concern with this problem with my neighbour to no effect, and then with the City of Fredericton, also to no effect. The City informed me that the problem had to be resolved between myself and my neighbour, even though the City had approved the development of the lot and its elevation. The neighbour who originally built the new house below me subsequently sold the property and moved away.
Because I was concerned with potential flooding of my finished basement, I installed a sump at the lowest point at the NW corner of my house and pumped the surface water that collected there to a drainage ditch located on the undeveloped area behind my lot. However, the outdoor sump is only a temporary solution and requires a lot of maintenance. When I decide to sell the property, I may have to disclose the drainage problem to potential buyers and the value of my property may be adversely affected.
This problem is affecting my enjoyment in the use of the property. Given that Nichols (1993, p. 7) defines land tenure as “the rights, responsibilities, and restraints people have with respect to the use and benefit of land.”, is this situation highlighting a failure of/deficiency in the land tenure system in Fredericton? Should one owner have the right to prevent the natural drainage of water from another’s property? Should the City of Fredericton take a more active role in ensuring that the elevation of one lot does not adversely affect another? Perhaps the lot elevation approved by the City was correct but was not implemented correctly by the builder. What role does/should the City play in resolving a dispute of this type? Is there another avenue to have this dispute resolved short of hiring a lawyer and incurring potentially costly legal fees?
Fredericton and New Brunswick appear to have a good land administration system in that lots are surveyed and clearly marked, that titles are transferred in an orderly and efficient way, and that ownership is recorded in a system with public access. But, it is my opinion that there are shortcomings in the system with respect to dispute resolution such as in a situation like mine.
McLaughlin (date?, P. 13) refers to territoriality and behaviour in urban spaces and the need for inhabitants to perform their responsibilities so that “a safe, productive and well-maintained living space” is achieved. It is my belief that my neighbour, builder and/or the City of Fredericton neglected their responsibilities to some degree, which has led to the above-described situation and an infringement on my rights of ownership.
References
McLaughlin, J, (Date?). Notes and Materials on Cadastral Surveying, Volume 1. Dept. of Surveying Engineering, UNB, Fredericton.
Nichols, S, (1993). Land Registration: Managing Land Tenure Information for Land Administration, Technical Report #168. Dept. of Surveying Engineering, UNB, Fredericton.
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