Belcarra driveway dispute: Round 2

Margie and Juve Naing can't get their final occupancy permit for their Belcarra, B.C., home because a tip of it sits on Crown land.

The red tape has yet to be unraveled for a Metro Vancouver couple fighting to use their own driveway -- despite assurances a solution would be found.

Margie and Juve Naing are struggling with an eight per cent construction mortgage they can't refinance until they get their final occupancy permit for their Belcarra, B.C., home.

But they can't get that permit because Metro Vancouver says a tiny triangle tip of their driveway leading to the main road is sitting on Crown land.

The driveway has been there for half a century and was used by several past property owners, including the Greater Vancouver Regional District, now called Metro Vancouver.

The dispute is driving the couple to financial ruin.

"It’s draining us financially and emotionally,” Margie Naing said.

"We don't have piles of money,” Juve Naing said. “We're just sort of making ends meet and trying to build a house for ourselves."

Last year, Metro Vancouver officials issued a cease-and-desist order to the couple, ordering them to “permanently remove that portion of the driveway,” and that continuing to use it would “constitute a trespass.”

Metro Vancouver officials reluctantly agreed to find a solution when the mayor of Belcarra intervened last May.

"There is absolutely no need for the approach they're taking,” Mayor Ralph Drew says of the Naing’s predicament.

But the proposed solution was a one-sided license agreement that would let the Naing's use their own driveway, but allowed Metro Vancouver to “terminate the license” at any time, and for any reason.

Mayor Ralph Drew said Metro Vancouver should be a little more understanding.

"They’ve been going through hell on this one for many months now and it's absolutely not needed,” he told CTV’s Steele on Your Side from the Naing’s home.

The Naing's contractor, Ken Kelleway, is astounded by the red tape.

"It blows me away. I deal with bureaucracy day in and day out with a number of municipalities across the Lower Mainland… I have never seen anything like this,” he said.

Metro Vancouver officials refused multiple on-camera interview requests with CTV News, saying it would be “inappropriate” to discuss negotiations when lawyers are involved.