Posted Aug 8, 2024, 10:18 PM
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Registered User
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Join Date: Dec 2015
Posts: 15,666
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Quote:
Originally Posted by whatnext
Wow. I once lived in a condo that was across the street from a construction site. If I recall, the developer had to pay the strata for use of the air rights as the crane would swing overhead. Does that still apply?
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Yes, there was just a lawsuit in June about that issue.
Quote:
StreetSide Developments didn't attempt to contact the neighbours to make "an overswing agreement" to give the developer permission to use the airspace above their home, according to the documents.
The plaintiffs claim they "made several attempts to contact StreetSide" in April about their safety concerns, but didn't get a response. Then, in May, they contacted the construction company's development manager to request the crane not be left hanging over their property when it's not in use.
The lawsuit says the development manager agreed the crane wouldn't be left over their home at the end of each day, saying a "crane swing agreement was in the process of being finalized."
In mid-May, StreetSide informed the neighbouring residents they "could only agree to either a reciprocal easement or a fee payment for a one-way licence agreement," the lawsuit says. Days later, the company acknowledged the crane was "illegally encroaching" on the residents' property and said it "would continue to do so," according to the documents.
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https://bc.ctvnews.ca/crane-repeatedly-l...derable-anxiety-lawsuit-claims-1.6924171
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