Rainbow

Rainbow

Wednesday, March 21, 2012

Strange case: Province sells land by accident and needs it back

A decision on costs from the B.C. Supreme Court reveals a strange situation in which the B.C. Finance Transportation Financing Authority sold land to a private landowner and then realized afterward that it needed the land.  The Authority sold a portion of a closed road to Robert and Sherry Long, who owned the property adjacent to the road.  There were hydro poles with hydro and telephone lines on the closed road lands.

Due to an oversight by the Authority, a right of way was not reserved on title to the closed road for the poles and the lines.  The Longs acquired clear title to the land.  Once it had discovered the mistake, the Authority asked the Court to rescind the sale agreement so that it could preserve a right of way for the poles and lines.  When the intention of the Authority became clear, the Longs decided that they were no longer interested in keeping the property and wished to be compensated for their costs.  The Court made the recission order and awarded costs to the Longs.

Read the decision at: BC Finance Transportation Financing Authority v. Long.