By Mike Renzella
The Haldimand Press
DUNNVILLE—Dunnville cottage owner Ali Safraz is taking legal action against his neighbour and local dairy farmer Oscar VanderHeide, who built a large fence between their properties that blocks access to the cottage.
Safraz said the fence sprang up suddenly and without warning, running across the sides and back of his property and the two cottages beside his, blocking road access to all three. The three cottages are located at 46, 48, and 50 Lakeview Line on a private stretch of road owned by VanderHeide, who also owns the beachfront space used to advertise the Airbnb.
“We can’t get access to our home at all. I called the Haldimand bylaw officer. They did visit and couldn’t do anything to get rid of fencing,” said Safraz, who didn’t expect such issues to arise as the previous cottage owners used the private road regularly. “Local people have been using this road with no issue for 20-plus years.”
According to VanderHeide, the problem that pushed him over the edge occurred on December 23, 2022 during a particularly bad storm. He said Safraz’s cottage had renters scheduled for the weekend, but neighbours contacted Airbnb ahead of time to warn them about the storm. According to VanderHeide, Airbnb acknowledged the incoming storm but refused to take action.
“The storm ended up knocking down powerlines and took down some trees, blocking the road. As the waves came up and hit these buildings they actually froze, creating a foot or two of ice from the peak of these cottages right down to the ground, where there was two feet of solid ice,” explained VanderHeide. “These people called Airbnb when the power went out. Airbnb told them not to worry, that the power would be back on in a couple of hours. They stayed there in the cottage while the ice built up around the back of the cottage and covered up the propane vent.”
Only when they smelled propane did the renters vacate the premises, only to find out they couldn’t leave due to the blocked road. VanderHeide added, “Two fire departments and two ambulances showed up and had to walk all the way down that line to get these people.”
“That got me nervous,” he said. “These people are after money more than they are people’s safety…. I didn’t think it was right. What if something happens – are they at fault because they rented it out, or am I at fault because I let them get there on my property?”
Airbnb rentals have been a source of controversy for a while in Haldimand. Dunnville farmer James Kaspersetz appeared at a Council meeting in May 2022 where he proposed the establishment of a renter’s code of conduct to establish acceptable behaviours related to rentals. At the time, Manager of Community and Development Services Mike Evers called the code an option, noting how it would send a clear message to short-term rental owners but would ultimately be logistically difficult to enforce: “Really what it comes down to at the end of the day is the ability for us to gather evidence, either through having our staff available in what would typically be evenings or weekends, or having complainants gather and provide that evidence to us, such that we can truth it out, or having the OPP do the work of enforcement for us.”
VanderHeide noted that Safraz’s Airbnb rental listing advertised access to a beach Safraz doesn’t own, adding, “All they have is a break wall into the water, that’s it.”
VanderHeide said he typically has no problem sharing his private beach access with those in the community, but that Airbnb renters often “seem to be almost angry for the whole weekend or whatever. Cranking loud music, carrying on, it’s pretty disrespectful for the people who live there.”
VanderHeide added that Safraz never contacted him about including the private beach space in his rental listings, claiming, “I’ve never spoken with him once. I don’t even know who he is.”
So far, the fence still stands, despite Safraz’s various efforts to get it taken down. He claims that an existing easement on the property should allow him access to his cottage, but VanderHeide countered that the existing easement is for the electric company to service hydro lines, and “it actually doesn’t even touch his property.”
VanderHeide feels disheartened by the impact of short-term rentals on the community overall: “A lot of these cottages were the original owners from the early 1900s and they’ve been passed down from generation to generation, but now because of what’s going on back there, they’ve had enough and they end up selling them all.”
The Press requested further clarification from Safraz on the situation, but he said that with legal action underway he could not comment any further at this time.
When asked if there was any way he would consider coming to an agreement on the matter, VanderHeide stated that it was in the hands of the legal system now.
He concluded, “The property back there is a beautiful property. We never, ever wanted to put a fence up. My wife always said that God gave it to us to share with everybody, but when they abuse it this much, there’s always a limit.”
