free html hit counter Couple is forced to rip up new $30,000 front garden over neighbor complaint – it’s their land but classed as a highway – My Blog

Couple is forced to rip up new $30,000 front garden over neighbor complaint – it’s their land but classed as a highway


A CANADIAN couple may now have to rip up their $30,000 landscaping job after a neighbor called officials on them.

The Kanata, Canada, locals were shocked to find out that their major yard renovation, meant to make their entryway more accessible, may not be allowed.

A newly installed garden path and landscaping next to a residential street.
CTV News

The new renovation may have to be removed after a neighbor’s complaint[/caption]

Couple standing on new stone pathway in front of their house.
CTV News

Neighbors have written letters in support of the couple[/caption]

A neighbor’s complaint has opened up a Pandora’s box of problems after a city told them most of their expensive lawn work has to be ripped up.

The newly-redone part could interfere with government work, according to a city by-law.

“Just about everybody else in the neighborhood loves it,” resident Dean Kline told CTV News.

“They just come by, and they go for walks and they say: ‘Wow, what a beautiful job you’ve done.’”

“It’s disappointing, we put a lot of money into this.”

Dozens of their neighbors are rallying behind the couple, who have been fighting to keep their new lawn renovation.

According to the city, their stoned walkway exists on Ottawa’s right-of-way.

The right-of-way means that it’s a “City-owned portion of a piece of land classified as a highway under the Municipal Act,” according to Ottawa’s website.

Pam Kline said that many living around her have broken the rules by the looks of their yards.

“Apparently you can’t have any stonework at all,” she told the outlet.

“Has to be dirt or grass or mulch. That’s the only thing allowed, so if you look around, I can’t even imagine how many homes in my own neighborhood, let alone the city, would be in hardcore violation.”


The Kline’s have until the end of September to fix the infraction.

If they don’t, the city has told them they’d take it into their own hands and charge them for the expenses.

A large stoned circle in front of their door has to go, too, they claimed.

Can an HOA ban street parking?

Homeowners associations hold the legal rights to ban parking anywhere – even in a homeowner’s driveway, according to a lawyer.

The trick is the deed homeowners sign when they buy a home within a subdivision, says North Carolina HOA lawyer Mike Hunter.

“If you buy a home in a deed-restricted community, you’re obligated to abide by those restrictions,” he told the Charlotte Observer.

“If the restrictive covenants say you can’t park on the street, the board has the legal duty to enforce that.”

Many states are passing laws to limit the power of HOAs, though a majority of states still grant HOAs to enforce their regulations, restrictive or otherwise, however they see fit.

Read more here.

“That beautiful circle which inspired us is going to get chopped up,” Pam said.

“There’s a width restriction that we’ve also just learned about called private right of way.”

Director of Regulatory Services Roger Chapman said the by-law states that hardscape was not allowed where the Kline’s had placed it.

“[I]t interferes with drainage, snow removal and can impact other city services.”

“Keeping the right of way clear of obstruction helps ensure city services can be delivered to residents, and that staff can work safely and effectively.”

The couple has been working with the city to try to find a solution, which they say has proven to be difficult.

“It’s time to revisit the rules,” a neighbor, David Haggarty, told CTV News.

“Drive around. you’ll see everybody, all sorts of people, have done it.”

The residents are now fighting for a extension on their deadline.

“I would like them to educate the contractors and all the taxpayers so that they know how to proceed when they start this,” Dean said.

“We thought we had done that but apparently we didn’t, and it looks like we’re going to have to pay the price.”

Couple stands in front of their home.
CTV News

The couple are trying to extend their deadline and get clarity on the by-laws[/caption]

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