Friday, February 7th, 2025

Based on four legal opinions Mulmur Council finally made a decision on the ownership of the Third Line deviation lands. The June 5 resolution, differed since March of 2008, deems the lands in question – on Lots 18, 19, 20, just south of County Road 20 and west Terra Nova – will no longer be included in future schedules and publications and Mulmur has relinquished any claim to ownership, effectively handing the land to the adjacent property owner, John Thomson.

The deviation roadway, as explained by community elder Robert Ireland of Violet Hill, was created out of necessity when early settlers, seeking the easiest route for travel, chose to go around a hill rather than over it as the surveyed road allowance suggested. With the installation of proper roads throughout the area the deviation was abandoned for transport with the land maintaining its popularity as a hiking path trailing through the heart of Mulmur.

During this time the ownership remained vague. The issue became contentious when Thomson, in the hopes of reducing ATV traffic, requested the closure of the deviation in 2008. Thomson stated he had deed to the land while others, including Councillor Rhonda Campbell Moon, believed the Township had ownership. Currently she claims there is proof Mulmur paid $425 on December 15, 1915 for lots 18 and 19 and obtained proof of purchase on lot 20 prior to that. Mayor Paul Mills however maintains, based on four different legal opinions and lack of a legal deed, the Township would be unable to provide adequate proof of ownership in court.

Mills says the cost to defend ownership of the land would be between $300,000 and $500,000. Considering the Township has the ability to build on an existing road allowance running parallel to the deviation or expropriate land should there ever be a desire to extend the third line, this would, in his opinion, be a substantial waste of the taxpayersʼ money.

The decision by the current council was made against the backdrop of frustration and accusations against municipal leadership throughout the years. All discussion on the legal opinions were held in camera with some members of the public frustrated by the secrecy.

Dick Byford, named Mulmur’s 2012 Senior of the Year has renounced the honour over this issue. He feels that the Council has for years disregarded the input of the public and has made decisions about the deviation without providing proper explanation. “I can no longer stand up and say with pride and, without embarrassment, that I represent Mulmur,” said Byford in his resignation letter to Council.

In a presentation to council, as recorded in a 2008 article in the Orangeville Citizen by Wes Keller, Roads Advisory Chairman Alan Lyons said, “Many of the taxpayers in the Township feel more than one back room deal has been made by previous council members regarding this property.”

To date various iterations of Mulmur council have spent $86,000 on opinions from many sources including George H. Rust-D’Eye of Weir Foulds, who is recognized in the resolution. The current council has now released this formerly unpublished opinion on their website hoping to alleviate the concerns and offer some clarity on the situation to all residents.

Mayor Mills hopes this resolution will bring some closure for everyone, “We needed to get this issue dealt with once and for all and get it off the books.”

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