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Judge orders renovation, awards damages in Shuswap property dispute

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Judge orders renovation, awards damages in Shuswap property dispute
Judge orders renovation, awards damages in Shuswap property dispute – Aug 10, 2016

A judge has ordered major renovations be done to a lakeside property near Blind Bay, that neighbours describe as a “monstrosity” and an “abomination.”

B.C. Supreme Court justice Nigel Kent said in a ruling released Tuesday that Svend Lojstrup and John Jensen ignored building restrictions and breached a so-called gentleman’s agreement with neighbours when in 2011 they built a home on top of a retaining wall on their Shuswap Lake property.

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Neighbours argued the concrete and Allan block wall, which is 4.5 metres tall in some places, is not only an eyesore, but also violates height, location and safety regulations set by the subdivision and regional district.

Court documents show Lojstrup and Jensen did not provide the required drawings and plans before building, which Kent says was a “flagrant breach” of building regulations.

The judge said in his decision that the wall is an imposing structure towering over the neighbouring home, and he rules that it is a clear violation of the regional district’s rules for height and location.

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Kent’s decision said the retaining wall must be removed, and Lojstrup and Jensen must pay their next door neighbours $50,600 for trespassing and in punitive damages.

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