By Justin Seward
Town of Redcliff council voted that property owners who live by walkway fences are responsible for replacing them at the Nov. 23 meeting.
It was in the Riverview, Kipling, Westside and Eastside subdivisions that a restrictive covenant was registered on a title to set out a certain development criteria. One of the criteria that created some confusion was a walkway fence and who was responsible for the fencing replacements upon the fence reaching the end of its lifespan.
“When it was developed there were walkways put in, in various locations-I think six of them- and it allowed people to get in between houses, some streets between houses, to get to parks or to walk out on the golf course,” said Redcliff Mayor Dwight Kilpatrick.
“ And at the time, this was back in 1994, the developers built a chain link fence all along the golf course, so that anybody that backs on to the golf course has a chain link fence back there. That was part of the subdivision and then the walkways themselves had a cedar post and board fence on both sides. There were caveats put on all the properties in that subdivision and there (were) many things lifted in those caveats.”
The cavaet clearly stated who was to look after the fences.
“In the caveat, it also I think fairly clearly stated that although the developer put up those fences, they were to be maintained and repaired by the adjacent landowner,” said Kilpatrick.
“Well we have people living out there that in the 25 years those fences have been there have refused to put a nickel into them because they’re not their fence. They say ‘Oh no that’s not my fence, it’s a town fence, I’m not maintaining that.’ Well after 25 years, some of the fences have deteriorated to the point that some of them have fallen down, some of them are held up with ratchet straps and some of them look quite poor.”
When those residents had a bad fence, they would come to administration and tell them they want a new fence.
Kilpatrick says that’s been ongoing and administration has been struggling telling the residents what to do.
“It came to council for clarification and council said those are their fences ,” said Kilpatrick.
“We believe it’s quite clear that they were supposed to maintain and keep them in good order. If they’re rotted and falling down, obviously somebody didn’t do their job. The town is not going to build them a new fence.”