Bridgetown access

[sgt.global]

Bridgetown access

Hi everyone, I just got back from checking on some of the boulders and stopped to talk to one of the landowners. I had approached them before I left over the holidays and they were going to think about what they wanted to do about allowing us to climb on their land. They have decided that they do not want any climbers on their land due to liability and conservation reasons. They are aware of the use of waivers but their lawyer has advised them that a waiver will not hold up in court. I realize that there are arguments for and against this but I have decided to respect their decision as they are also against the removal of moss and other inevitable things that come with having people on their land. While this news is heart breaking for my family, and myself there is still hope for the area. They only own a marginally small section of the main sector, if any boulders at all. I have been talking with the other owner who believes that most of the boulders are on his land. He is a local farmer whose main issue is liability. I would like to ask Teth if he could come down and explain the role, support and waiver of Climb Nova Scotia. I do not want to lose this area as many people have worked very hard to just begin to develop it. I also hope that someday the landowners will allow all climbers to visit the area without having to put up with me by their side. For all those who have been here and worked on the area, Bruce has also stated that he no longer wishes for us to park on or cross his property. This is also a huge setback as he had at one time been interested in hosting a once a year overnight camping/climbing event on his property. As it stands, our only hope lies with Teth convincing this local farmer that we will not sue him. No pressure Teth.

Give me a call or email when you get the chance
zagnut_77@hotmail.com
902 665 4433

[mike]

Send in the hot chicks. Not Teth. No disrespect Teth- but to a farmer yer just a city boy.

Send in the hot chicks. Get signatures.

Mike

[The Mitt]

It is important for the land owner to know that they DO NOT need a waiver or any release of liability as the land occupiers liability act protects them against any law suit that is the cause of the person who is undertaking an inherently dangerous activity. It is important not to discuss waivers as they generally do not hold up in court. The very best way the land owner can protect against legal action if he/she is unsure about the act is to put up a no trespassing sign and just not prosecute those who come onto his land to boulder. Someone decides to sue and the owner states that they were trespassing and undertaking an inherently dangerous activity on the land without permission. Of course this is all different if the owner wishes to make a business out of it. I think it is very important that someone who knows the law regarding this and has experience dealing with access issues get on this soon.

Just my 2 cents
Mitt

[The Mitt]

Also there is precedence in Nova Scotia, in areas such as Columbus, Main Face, and Eagles Nest. All on privately owned or leased lands all have had minor to major accidents related to climbing and no legal action even considered. These areas have been climbed on for up to 20 years.

Mitt

[sgt.global]

Thanks Mitt, I think your advice would be perfect in this situation. If you or anyone has a way that I could print and show this legislation to him, I think we would be set. You will have to come down and put up a problem called "no waiver required".

[The Mitt]

I will get all the info you need, hell I will even talk to the guy if you want.

Mitt

[The Mitt]

Here is the link:
http://www.gov.ns.ca/legislature/legc/statutes/occupier.htm
Sections to pay attention to are 4(3)(d), 5(1)(2), and 6(3)(b). Para 5 being the most protective one. When showing people this act and speaking to them about access for climbing and the precedence there really should be no argument. Obviously we have to respect the land owners wishes however with a properly made case everyone should be happy.

[sgt.global]

Thanks again Mitt. If you have anytime next weekend you should come down and explain this to him so that everything is crystal clear. If the weather stays good you might even get to put up that problem.

[The Mitt]

I should be able to come by on Friday afternoon late or Saturday. Teth do you or CNS Exec Mind if I go to help out?

Mitt

[martha]

I'm down with it.

the other issue is conservation. Perhaps some information on what has been done in other areas and CNS's mandate to keep things as natural as possible and build/establish responsibly would be great.

I'd love to come and help you with this...but umm..now is not a good time for me to be too far from my doctor.

good luck.

Cara

[sgt.global]

Give me a call on Thursday or Friday Mitt and I can give you directions.

[The Teth]

Sean (the Mitt) has covered it fairly well. We would only use waivers if CNS holds an event, and that would be mostly to protect us if CNS equipment failed. The landowner is covered. We would prefer not to have “No Trespassing” signs, so try emphasizing the other sections of the act fist. The landowner should be protected even without the need for signs.

Sean (the Mitt) is on the CNS Access committee and I have no problem with him representing CNS in that capacity. I do not think I will be able to make it out myself.

Teth