The owner of a West Vancouver waterfront home has been spared the prospect of dismantling parts of her house after winning a court case against the municipality.
In a recent court decision, a B.C. Supreme Court judge tossed out a request from the District of West Vancouver to force homeowner Jie Liu to either take down portions of the house or pay the municipality for encroaching on public land.
Instead, the Justice Glen Parrett ruled the buildings - including a 400-square-foot carport and 600-square-foot family room, plus a patio, fish ponds and retaining wall - can stay.
Parrett also ruled the municipality will have to pay Liu for her legal costs.
The court case concerns a house at 2998 Park Lane, which sits next to municipal land used as beach access at the foot of 30th Street.
Over the years, parts of the home, including the carport, family room, and fish ponds, were built on district land.
Two years ago, in October 2012, the municipality took the case to court, arguing the structures were all built without permits and encroach on public land.
Municipal staff argued successive homeowners of the property had taken over public land for their private benefit.
Lawyers for Liu argued the district had authorized the structures, because municipal staff knew about them for decades and didn't do anything about them.
Liu bought the house in 2011. She maintained the previous owner, Raoul Tsakok, told her that the structures had been permitted under a grandfather agreement.
Lawyers for Liu added none of the buildings prevented the public from using the adjacent water-access trail and that "public interest concerns in the case" were outweighed by hardship that would be suffered by Liu if she were forced to take the buildings down.
In granting Liu permission to keep the buildings, Parrett said the district's records on the property were incomplete and there was little evidence about when any of the structures were built.
Most of them, however, have remained in place for more than 50 years without any complaints from the municipality, he noted, leading him to conclude the buildings were authorized.
He added both Liu and previous owners of the home have paid taxes on the entire property for years.
The three-bedroom two-bathroom house is currently listed for sale at $5.5 million.
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