Battle for no-man’s land likely to be abandoned

The Coastal Pathway was built to avoid the private properties on Main Rd. The pathway instead runs along Main Rd in the Redcliffs shopping area. There is community support for rerouting the pathway along the estuary edge in front of the homes. Photo: Supplied

Christchruch City Council staff have recommended the council not pursue a claim on the narrow 0.4ha strip of land between private properties on Main Rd and the shoreline.

The Coastal Access Group had asked for legal clarification on who owns and can access the land which was debated at the Waihoro Spreydon-Cashmere-Heathcote Community Board meeting last week.

Marion Smart.

The staff recommendation to the board was to not pursue an adverse possession claim on the land and take no action as the city council would likely lose the costly legal process.

Main Rd property owners Marion Smart and Richard Dalman spoke at the board meeting, agreeing with staff recommendations and a continuation of the status quo.

Smart told Bay Harbour News the property owners generally support the city council investigating the issue, but question how a successful claim on the land known as Pt RS309 would allow public access in practice.

Parts of the land are submerged at all times or only during high tide and several properties split the land meaning it is not traversable on foot from end-to-end.

“Even if access was possible along some of RS309, there is no way to continue along the whole strip without going into private property,” said Smart.

The city council report states the homeowners would likely dispute any claim and the legal process would consider which party had a larger role in developing, managing and maintaining the land.

This would tilt any adverse possession claim heavily in favour of the homeowners.

Smart was unsure whether the homeowners would ever consider their own adverse possession claim.

The narrow strip of land has no legal owner according to a new report and could be claimed by the city council or adjacent homeowners. It sits between the estuary edge and private properties. Right – parts of the land are obstructed by private property as pictured. If the city council successfully claimed the land, a person could still not walk from end to end without breaching private property. Image: Supplied

“Should we expect the community and general walking public to remain confused or ignorant about the ability to access,” he told board members.

Regardless of whether the Coastal Pathway could be practically rerouted, the access group wants to understand whether the public can walk down parts of Pt RS309 not obstructed by the estuary or private property.

There has been community interest in Redcliffs for rerouting the Coastal Pathway in front of the private property.