Dartmouth Harbour Walk Trail Access
Easement Details
The Dartmouth Cove portion of the Harbour Walk Trail remains open for public use.
Access is protected through a registered easement with HRM that continues to apply today. In 2006, as part of the Halifax Regional Municipality's undertaking of a sewage infastructure project, an easement agreement was established between HRM and the previous landowners, S. Jachimowicz Limited. The easement allowed for the placement of municipal sewer infrastructure and the construction of the Dartmouth Cove portion of the Dartmouth Harbour Walk Trail. This project allowed for HRM to carry out limited infill, which created the land that the trail was built on.
That easement runs with the land and is intended to continue in perpetuity.
What is an easement?
An easement allows for usage of land for a specific purpose while allowing the landowner to retain possession of the property.
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An easement generally "runs with the land" meaning that it is attached to the property, not the property owner. The land may change hands but the easement continues to exist.
In the case of Dartmouth Cove, the purpose was for public infrastructure including sewage lines and the construction of a public walking trail. This easement grants the right for HRM to build, maintain and replace a pedestrian walkway and ensures public access to that walkway.
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Who owns the land and who can use it?
The land has been purchased since the establisment of the easement and is now owned by a company affiliated with Atlantic Road Construction and Paving. While ownership can change, the terms of the easement cannot be adjusted or removed without the agreement of both parties. While the Dartmouth Cove lot is a privately owned parcel of land, the easement guarantees public access and that has not changed.
Ongoing access disputes
ARCP is currently in a legal dispute with HRM over their implementation of a bylaw which would prevent them from pursuing their goal of infilling their pre-Confederation water lot along Dartmouth Cove. They are also contesting HRM's refusal to let them cross HRM's lands to construct a road along the Harbour Walk Trail. The easement does allow for the land owner to construct a road to access their water lot, however, it does not ensure their right to cross HRM's land to do so. In 2022 when this project was first proposed, HRM looked closely at their options and determined that they were within their rights to deny ARCP access across their land. Full Report (PDF)
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While ARCP is attempting to demonstrate that this denial of access voids the easement, the easement can only be terminated if both parties agree. So for now, the trail remains open to the public.
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(Above) ARCP's own drawings show the HRM easement extending over the width if the walking trail, across the land and into the water. Shown on the drawing above under "Easement in Favour of HRM", the easement ensures the existence of the walking trail and the public's right to use that trail. Full drawing (PDF)