A Catalina couple's Crown lands fight is over. But their lawyer says there are more like them

by Sergey Korostensky

Randy and Pauline Diamond paid more than $10,000 for the land where they lived for 40 years

Two people sit at a table. The person on the right is wearing a shirt with flowers on it and a necklace. The person on the right wears a baseball hat. Both have grey hair.

Pauline and Randy Diamond paid the provincial government more than $10,000 for the land where they've lived since 1984. (Darrell Roberts/CBC)

Two Catalina seniors are breathing a sigh of relief after reaching a settlement with the provincial government over the land where they lived for nearly 40 years.

This fall, Randy and Pauline Diamond paid the provincial government more than $10,000 for the land where they built their house, paid property taxes and spent decades raising a family.

"It feels wonderful. It's all … in the past. It's done. It's over with," Pauline Diamond said in an interview with CBC News. "And thank God we can go on with our lives."

The Diamonds say they decided to pay the settlement rather than spend thousands on a court battle they weren't guaranteed to win. Still, they believe they shouldn't have had to buy the land where they lived since 1984 — and therefore, the settlement is bittersweet.

The trouble started nearly three years ago, when the couple decided it was time to sell their house and move into a smaller space with less maintenance. Pauline Diamond had been diagnosed with lung and bone cancer, and needed to move to an accessible apartment.

The couple secured a buyer and proceeded with a quieting of titles, a court process to clear any potential disputes over the land. That's when the Crown Lands division stepped in, claiming their land belonged to the provincial government.

"We were thunderstruck," Randy Diamond said.

A pillow embroidered with the word "home" in cursive sits in front of a window. Trees with leaves turned Autumn colours can be seen through the window. — After nearly three years, the Diamonds have finally sold their Catalina home. (Darrell Roberts/CBC)

Since then, the house and its pending sale have been in turmoil.

Proof of purchase

In 1981, Pauline Diamond's father bought the parcel of land and divided it among his three children. The family has records of the purchase and of the property taxes they've paid over the years.

In Newfoundland and Labrador, property owners need to prove their land was occupied during the 20 years prior to 1976 if they don't have a grant from the provincial government.

The Diamonds presented affidavits to prove the land was occupied during that period, but the provincial government wouldn't accept them, according to their lawyer, Greg French.

"The Crown was ultimately not convinced that this was private property, but we did come to this resolution that worked it out for everybody," he said.

A person in a purple shirt sits at a desk. — Greg French, a real estate lawyer, says potentially thousands of people across Newfoundland and Labrador — especially in rural areas — could be impacted by disputes over Crown land. (Darrell Roberts/CBC)

The Diamonds were scheduled to go to court this fall, but agreed to a settlement instead.

French said cases like the Diamonds' are becoming more common — he's currently dealing with 11. He said the disputes ignore how land transactions in Newfoundland and Labrador have changed over decades.

"There's records, there's deeds, there's all sorts of evidence of long-standing possession, and the Crown — unfortunately — takes the view that much of it is irrelevant," he said.

What to do about the Lands Act?

In the House of Assembly earlier this year, PC MHA Pleaman Forsey moved a private member's resolution, asking the provincial government to create amendments to the provincial Lands Act, which governs crown land.

Liberal MHAs agreed there were problems with the Lands Act, though they didn't pass the resolution.

CBC News has asked Fisheries, Forestry and Agriculture Minister Elvis Loveless for comment.

French, who has written about Crown lands legislation for the provincial law society, said he'd like to see the provincial government introduce an amnesty period, where residents without a proper grant could come forward and get their land certified for a small fee.

"It will allow people to come forward without fear of five-figure fees. It will allow them to come forward without fear of being put through a trial or having their land taken from them," he said.

Closure

In November, the Diamonds — officially, according to the provincial government — owned their land for about 24 hours, before selling it to a young family who had recently returned to Catalina.

With the money from the sale, they bought a new vehicle for bringing Pauline Diamon to and from oncology appointments in St. John's.

Their daughter, Penny Kennedy, said the settlement represents closure — though her mother still struggles to believe the chapter is over.

"It's still going to be some lingering stress. I guess we'll see how this year goes," she said.