PORT HOOD: Inverness Municipal Council was recently visited by Neil Livingston who made two requests relating to land owned by Cabot Links. One of the requests was well-appreciated, and the other won’t be acted upon.
“The [first] request I’m making is to have a piece of property expropriated by the county and turned into a park,” he said.
The land in question was purchased by Cabot Links when the golf operation was setting up shop. The property was sold by Cape Bald Packers. Prior to Cabot coming to the area, Cape Bald Packers purchased the property from Inverness County in mid-1980s. The land was a public park before that.
Livingston referenced the minutes from a council meeting on October 30, 1986. The minutes show that council discussed offering Cape Bald Packers the land in exchange for $1. Also discussed was a stipulation that would have council take back the land if Cape Bald decided it no longer needed it. Livingston indicated that the motion was passed at that meeting.
However, a second piece of council documentation (this one from May 30, 1997) indicated that council passed a motion to sell the land to Cape Bald Packers for $1,000 an acre, minus survey costs. There was no stipulation in the motion about the land going back to Inverness County.
“That motion was passed a week after the deed was delivered,” Livingstone said.
“This property was supposed to go back to the public,” he said. “We don’t know if a mistake took place in the deed being issued or what took place, but that land was supposed to go back to the county.”
Harold MacIsaac, who serves as the solicitor for the municipality, said the deed was executed after May 30, 1997. The affidavit on the deed indicates as much, he said. He also said he’d be happy to discuss the matter with council during committee-of-the-whole.
“The deed itself says May 25, 1987,” Livingston said. “I asked a couple lawyers about this, and the date on the deed is the senior date, I’ve been told, not the date of registration.”
MacIsaac said that wasn’t accurate.
“The date on the deed means nothing,” he said. “It’s the date of the affidavit that counts. If you look at any deed, it says ‘signed, sealed, delivered.’ No deed is valid until it’s delivered.”
Livingston also maintains that Cabot agreed to provide a beach access path which has not yet materialized. He’d like council to force Cabot’s hand.
“I’m coming in here today to say the county has not fulfilled its obligation to have beach access provided,” he said. “The county should take action to take provide that beach access through expropriation or whatever other action you want.”
Warden Betty Ann MacQuarrie thanked Livingston for his presentation.
“I think we can separate the two issues that Mr. Livingston has presented today,” she said. “First of all, the Cape Bald Property issue has been clarified by our solicitor. There were no restrictions put on that deed, so maybe you can let that go.
“We are dealing with the beach path, guiding it and doing a little more than hoping it will happen soon. It’s being worked on.”