A gravel pathway along West St. Paul’s Main Street is a popular way to get around the community, but pedestrians and cyclists have been forced to slow down along one stretch in recent weeks. That’s because a wooden fence is eating up about half of the trail’s width. The owner of the property told CTV News the pathway encroaches on their land, and they had every right to build the fence. “Our property title and legal survey do not show any registered easement permitting the R.M. (rural municipality) or the public to use this portion of our private property as a public pathway,” Hardavinder Sandhu said in an email. A surveyor’s staking certificate shared by Sandhu noted the path edges over the property line by 1.53 metres. Sandhu added they only completed the work after consulting with the Rural Municipality of West St. Paul staff several times. “We were advised to proceed with the fence, temporarily close the pathway during construction, and that the R.M. would extend or adjust the pathway if necessary,” Sandhu wrote. “We relied on those directions and acted in good faith.” Sandhu said they understand the present situation is inconvenient for people who use the pathway, but assured they did not act without first seeking direction from the rural municipality. “The RM must immediately issue a public notice or statement advising residents that the pathway is closed and must not be used,” Sandhu said. “The closure signs have been in place for several days, but residents continue to ignore them and enter the area, creating a serious risk that someone could fall into the ditch or be injured.” West St. Paul’s CAO Jeffrey Simpson declined to elaborate on the issue in an email to CTV News. “As the R.M, M.T.I. (Manitoba Transportation and Infrastructure), and the property owner continue to address this matter, it would be inappropriate to comment publicly at this time,” Simpson wrote. “Given the potential legal implications for the parties involved, any resolution will need to consider and satisfy each party’s requirements.” Meantime, a provincial spokesperson told CTV News the fence was built within PTH-9’s controlled area where permits are required for structures such as fences. “Once it was brought to the property owner’s attention that a permit was required, construction was paused,” the spokesperson said in an email. “Manitoba Transportation and Infrastructure is working with the property owner to secure the required permit to determine the appropriate setback based on intersection sight lines and future departmental requirements.”
