Tree Removal on Savary

SAVARY ISLAND BEACH LANDS COVENANT: Legal Protection for the trees

by Christopher Watson

The western end of Savary is designated as a “building estate scheme” in which each lot is burdened with a restrictive covenant that prevents not only “logging or lumbering operations” – being commercial operations – but also any cutting of timber beyond that which is “reasonably required for clearing the said lands to the extent necessary for the purpose of construction of dwelling houses”.

The idea of this scheme is that retaining the trees on one lot is a benefit to the area generally, so each lot owner has a legal obligation to maintain the trees for the benefit of all. In return the lot owner shares in the benefit of preservation of the natural forests in adjoining lots, excepting only a small area reasonably required for a house. A restrictive covenant of this nature “runs with the land”, meaning that it endures in perpetuity as a restriction on the rights of all the owners of the lots in question.

The restriction is legally enforceable, and is currently being enforced through legal action between owners.

CHECK BEFORE YOU CHOP!

Before cutting trees on your property, we encourage you to review the State of Title Certificate issued by the Land Title Office, which may state: “Land herein within building scheme, see 414230L”. There may be no further information on the Certificate but, when searched and read, title document 414230L informs the reader that no tree cutting is allowed on the lot except as “reasonably required for clearing the said lands to the extent necessary for the purpose of construction of dwelling houses”.

Everyone who owns land on Savary that is designated for the protection of the natural woodland should be aware of that important provision and should respect it. That not only avoids lawsuits, it honours the rights of neighbours and preserves Savary’s natural woodlands.

You can read the Covenant here: Savary Beach Lands Covenant