A spat between Penticton duplex neighbours over access to the back gate was so deadlocked it required help from the B.C. Civil Resolution Tribunal to resolve.
According to a public decision published by the tribunal on May 12, Trina Murray and Karen Seibel butted heads over a lock Seibel placed on the alleyway gate to their shared yard, refusing to give Murray the key.
Frustrated, Murray took Seibel to legal proceedings. The tribunal heard that Murray argued Seibel did not have the right to lock the gate to their common property back yard.
But Seibel said since the gate in question is on the east side of the back yard, "her side," she should not have to provide access. She said Murray has access to a side gate on the west side of the back yard, and she can access the lane that way.
Evidence showed there was a back-and-forth between the two neighbours, with both placing padlocks on the back gate and the other cutting them off.
"The evidence shows the parties’ relationship has been difficult. In their submissions they mentioned several disagreements, including alleged nuisance and multiple alleged misuses of [common property]," reads the decision.
Murray asked the tribunal to order the strata — in the case of this duplex, just herself and Seibel — to install another gate at the back on her side of the fence, at a cost of $1,777.55 each. Seibel opposed, and the tribunal sided with her on that matter.
But in the case of the key, the tribunal sided with Murray.
"Neither party can change or alter the back fence and gate without the other’s permission," the decision reads.
"I order Ms. Seibel to provide Ms. Murray with a key to any lock Ms. Seibel has placed or will place on the back gate."
