Tractor Blocks In Visitor's Car On Cabot Trail

Joe Ward Follow Me

Posted this 2017-08-06 8:31 PM ADT

Visitors to the Cabot Trail claim they were surprised by a confrontational situation this weekend. The issue arose after parking on a grass covered roadway in an attempt to find a quiet beach area nearby. In a social media post, the mother of the one of the visitors shared her disappointment with the experience. She claims that after a few hours of fun, the couple and a 13-year-old returned to find the roadway blocked by a tractor, apparently in an effort to prevent the car from leaving.

Though the couple says there was no signage indicating private property, they suspected it was the reason for blocking them in and approached a nearby house to explain their mistake. The poster says the response from the woman at the home was to suggest it was "too bad" and that the couple would have to remain there overnight as the tractor would not be moved for them.

Fortunately, the driver managed to carefully maneuver the car around the tractor to exit despite it not being moved. Although they were able to get away, the poster suggests it puts a dent in their impression of Cape Breton hospitality.

We must take upset social media postings with a grain of salt. However, if the situation occurred as described and there was no signage, the action of the apparent landowner would seem far more aggressive than necessary. Fortunately, most Cape Bretoners who participated in the discussion were apologetic as an island community, and suggested that the experience was not representative of typical Cape Breton hospitality.

NOTE: The views expressed above are my own and do not represent lokol (goCapeBreton.com). Read more

Posted by Joe Ward
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P Sheehan Follow Me 2017-08-07 7:24 AM ADT Reply 0 0 While the action taken may seem extreme, my guess is that this tourist knew exactly where they were going and had been there before . Even if not , they knew it was NOT their land and that to park in such a way to even partially block the roadway was not that smart a thing to do either. Many property owners allow people to cross their lands , but also many visitors and tourists do not respect others privacy, will drive or walk where they want , even when it is clearly private land or a private drive . Seems the people blocked in did not call the RCMP for help . Wonder why . Joe Ward My Post Follow Me 2017-08-07 10:36 AM ADT Reply 1 0 I don't think there's any indication they were familiar with the area, nor if they had been there before. It's possible, but not at all certain. They definitely knew it was not their land. If we don't own it, someone else does, and it certainly wasn't labeled as a public parking area. The photo doesn't show them blocking the "roadway" (as they called it). However, photos can be deceiving and it's possible that they either moved the car before the picture was taken or that the tractor itself could not get by it. It's absolutely true that people don't always respect private land or privacy, even when marked. However, the tractor block in still could seem aggressive. To the landowner, the might happen frequently. To the visitor, this could be a first or rare visit to the area. They may not have meant any harm at all. I suspect they did not call police because they were able to make their way out and knew how long a response would probably take. I would certainly have called the police if it was my car and could not get out, whether I was aware I was parked on private property or not. Lynn Hussey Follow Me 2017-08-07 10:54 AM ADT Reply 1 0 Same here Joe, I would've called the police and let them sort it out. They may have been nervous of getting a ticket ..that likely wouldn't have happened if the property wasn't signed. Donelda MacAskill Follow Me 2017-08-10 6:52 AM ADT Reply 1 0 We had trespassers on our sons property, my husband spoke to them nicely and asked them not to be there, they agreed , even said it was a" shitty " beach and would use another one. A couple of day later their whole family and more were there having a time there . My husband spoke to them again and asked them why they were there after telling us that they would not. ( My husband called me both time to go to the property to be there when he spoke to them , he delivered the message )Things got antagonistic , but they did move to the neighbours property and one continued to come back shouting and hand gestures while his partner was taking pictures to post on facebook later .It ended up having the RCMP called and they told two RCMP officers that they weren't on our property.( later she posted a picture on facebook showing them using our property including their truck parked on it .) They had to dump their liquor out or get a $500.00 fine .Since then they have a hate campaign on facebook against me and my business even though it was my husband that spoke to them so if the people that you spoke to left your wharf and didn't start a hate campaign against you and your family you clearly had people that have morals and a sense of decency which some of the people that were on our property clearly lack . P Sheehan Follow Me 2017-08-10 7:09 AM ADT Reply 1 0 Donelda: Thank you for your story . You hit on a hidden side of rural life , even on Cape Breton, and that is the retaliation factor that comes from dealing with trespassers . Not sure how you deal with a Facebook style retaliation , other than a lawyers letter . I have seen owners face retaliation in the form of Destroyed fences, broken windows and dumping garbage , and even then trespassing continued by some of the same people or some associated to same . Donelda MacAskill Follow Me 2017-08-10 7:33 AM ADT Reply 1 0 Well I figure the people we know can figure out who is right and who is wrong .The facts speak for themselves , our son owns the property, they don't . They were on his property after being told not to be there. No matter how many times they post on facebook they are still wrong . Rather than having the guts to speak to us in person it just shows that gutless people hide behind a computer and try and make a believable case for the public . Joe Ward My Post Follow Me 2017-08-10 11:41 AM ADT Reply 0 0 It sounds like the people in your experience may have been local people? I don't think anyone rejects the idea that people can be inconsiderate (at the lowest end of the scale) ... ranging all the way up to abusive and destructive in some scenarios. Likewise, nobody rejects the idea that landowners would be upset about it and frustrated when it happens repeatedly. I certainly would be too. Very much so. From what was shared about the tractor incident (a one sided view), if accurate, it's clear that it was a confrontational move. The only way I can see (at present) of that being a reasonable idea, is if the police were called immediately to ticket and/or tow the vehicle. To my knowledge, we can't just detain someone overnight. I would be very surprised if that's something legally permissible. P Sheehan Follow Me 2017-08-10 3:29 PM ADT Reply 0 0 The basic law is that your land is private . In NS , there are two other legalities . One is that recreational fishermen have a right to access a river or lake to fish , so long as they have their fishing rods with them.The other relates to the need for someone to cross your land to get to their land that has no other access , and there is a provision that says they have a right if the reason they need to cross relates to their livelihood , but in doing so they can't cause damage . Unfortunately many believe that they can cross any lands to get to a beach, and many believe they can cross land with their ATV or snowmobile or to go hunting . NOT so .Problem is that when these cases hAppen, the elected politicians run for cover and do not act to be proactive to support their landowner constituents . Also many believe that if a path has been there or a road, and was used for 20 years then that makes the access now public or now legal .WRONG . Joe Ward My Post Follow Me 2017-08-10 4:18 PM ADT Reply 0 0 The start of this discussion was not intended to diminish the rights of land owners. However, if the situation occurred as described, I was certainly questioning whether or not it would be permissible (or wise) for a landowner to block someone in and refuse to let them leave. All of the concerns of landowners are valid. However, there are limitations on what they can do in response to trespassing. The fact that there is no clear answer, and that it seems to provoke so much polarization in views, is what makes it a good discussion.
Donelda MacDonald Follow Me 2017-08-07 9:19 AM ADT Reply 1 0 I grew up in a rural community and while the no trespassing signs were posted they were regularly ignored by people "from away" and those living in the urban areas of Cape Breton. I remember more than once when my mother was home looking after 7 children and we would look out the window to see some idiot hunters waltz over the fences to do their thing. These were always Cape Bretoners from urban areas. Last year when I was walking through the fields (out home) I once again found another hunting shelter- mostly used during hunting season (but sometimes outside). Takes a bit of work to tear those bloody things down. Growing up, the tourists at least were not carrying guns and were often genuinely interested in the history of the local area. But I do sympathize with the landowner because it was probably not the first time it happened. Everyone has their limitations. Joe Ward My Post Follow Me 2017-08-07 10:28 AM ADT Reply 1 0 If it's a frequent occurrence that would cause that level of frustration for the land owner, the sign would be a great idea. Although not everyone would obey the sign, of course, some would. And that would help reduce the number of times any form of issue/confrontation (if at all) would be necessary. I'm not sure how you were able to determine that trespassers were only from urban areas. However, I don't think it matters. If anything, locals might only be reluctant to park on or pass through someone's property solely because of familiarity with them. I.e. knowing they definitely take issue with it.
Lynn Hussey Follow Me 2017-08-07 10:08 AM ADT Reply 1 0 Now THAT was overly aggressive to say the least! Regardless of the situation, it could've been handled with a note on the windshield, like normal people would do. I don't like trespassing either but if it wasn't signed, then that's the owners fault. Not impressed.
Michael LaPierre Follow Me 2017-08-07 9:29 PM ADT Reply 1 0 So next time I'm in Toronto and can't find convenient parking I am justified in pulling into the first residential driveway I see provided there is no private property or no parking sign? That seems a bit silly. I admit that rural Cape Breton is not Toronto, however I still believe the written and unwritten rules for respecting property you don't pay taxes on are the same. The reason Cape Bretoner's have such great hospitality and are friendly is because we treat our neighbours with decency and respect and receive it in return. I am whole heartedly convinced if they would have had the common sense, decency and respect to simply knocked on the door and politely ask permission to park and access the beach from their property they would have been treated with the same decency and respect. Joe Ward My Post Follow Me 2017-08-08 12:29 AM ADT Reply 0 0 If the landowners would have been willing to allow a car to park there if asked first, it still seems quite an overreaction to swing so widely from agreeing to let them park to telling them they won't let them leave at all. This was an unfriendly act. Sometimes unfriendly actions happen because the people doing them aren't all that friendly in the first place. Hospitality is an abstract concept. It isn't universal to every home. Perhaps a compromise if they really felt the need to send a bold message with their tractor would be to leave a note with a number to call when the visitors got back to their car, so the tractor could be removed. Then the land owners would have a chance to give their lecture on why not to park on their property. Blocking them in, if the basics of the story are accurate, was out of line. If they had done something illegal, it could be appropriate as long as the police were called immediately. There wasn't any indication from the original story poster that had happened. However, the source of info was one-sided. Details were missing, and there's probably quite a bit of bias in the telling (as is typical). P Sheehan Follow Me 2017-08-08 7:06 AM ADT Reply 1 0 I and friends have land that borders a beach.There is lots of public parking , but crossing these properties is far shorter . Many people (including local politicians ) think if they see a route/tracks or just a path ,that means they have free rein to go that route . Just last week I'm sitting on a friends deck , an SUV drives in on a rather twisted little road, trees all along , with a PRIVATE sign at the gate, 3 adults get out, they then see me and without blinking an eye say :"oh we are just going to the beach " . To which I say , Sorry . This is private . They say sorry , then some mumbling, and leave in their big black Honda SUV with Ontario plates . Now you tell me they didn't know what they were doing ? Has happened before . The pattern is plates from Ontario , Quebec and New York..who are also the same ones to leave garbage and even broken bottles on the beach . Joe Ward My Post Follow Me 2017-08-08 11:10 AM ADT Reply 1 0 There is no shortage of Cape Breton residents who regularly litter within our municipality. From throwing cigarette butts out the window, to beer bottles on country roads, to fast food trash, all the way up to abandoning trash in rural areas and shorelines. This behavior isn't exclusive to visitors. There will always be people that test limits. Fortunately, in your case, they left once you reminded them of what they already likely knew (because of the clear signage) and sent them on their way. If you had told them they were not allowed to leave, however, there would have been an (unnecessary) confrontation.
Donelda MacAskill Follow Me 2017-08-07 10:44 PM ADT Reply 2 0 Maybe the owner of the tractor/property was trying to get to the rest of his property and the car was blocking his way to the rest of his property . While you might think his actions were a bit much , if you have a pool on your property and you come home to find uninvited people around your pool what would your reaction be ? If you looked out your window and saw a bunch of people sitting on your lawn drinking beer and kids running around and oh when they have to have a crap they'll just go behind your rose bush and leave that little package for you , would be you be upset and ask them to leave but because it's beside the water and not in your back yard it's suppose to be acceptable. Lynn Hussey Follow Me 2017-08-08 12:49 PM ADT Reply 0 0 It's not acceptable at all but if handled properly it's 'usually' the end of the problem. We were away one summer weekend, came home to a party a new neighbor was having on our wharf/ they were politely asked to move along and did..I have no problem being direct in those cases but I won't be nasty. It solves nothing.
P Sheehan Follow Me 2017-08-08 6:44 AM ADT Reply 0 0 Can some one tell us where the original story was posted on social media???
Kel donovan Follow Me 2017-08-10 7:26 AM ADT Reply 0 0 Really.This land that u argue about,or any land that was bought in Canada on the last 300 or so years was stolen taken from First Nation people.They are the rightful owners of all Canadian lands.We will be paying rent to these people down the road .Rightfully so! Joe Ward My Post Follow Me 2017-08-10 11:27 AM ADT Reply 0 0 Kel, this has no relevance to the discussion. The topic is about a landowner (presumably presently legally recognized by the province of Nova Scotia) restricting the ability of someone parked on their property without permission from freely leaving.