In Ontario, Ca. if you purchased a property and right aways are shown on the map can they be removed later?

Question

We purchased a cottage a few years ago and there were two ways to access the property. The neighbors are talking about removing one of the right aways. This will give me limited access to my property. Are they able to do this? (Ontario, Canada)

Answer 1

Yes they can....If you don't use it .

Right of ways are established by agreement or because you have used it for an amount of time , with or with out their knowledge or agreement.

They may argue that since they can show that you have not used the right of way for a reasonable length of time that the right of way is null.

This does not cover right of ways that were established by agreement or that were put in place when the property ( yours or theirs ) was Deeded ... I.E. a mutual driveway.

But access to the beach maybe something else entirely

Answer 2

you need to consult an attorney......... it depends on how the right of way was set up

Answer 3

In the US, they typically cannot closed off or restricted without your approval and/or compensation.

I would check with your local zoning board/agency about your rights - if Canadian property rights are similar to the US, they would have to make sure that after closing the Right of way or easement that your property's access is no more restricted than it is currently.

Answer 4

You need to speak to a lawyer asap.  If the property was purchased denoting TWO right of ways then I think you may have a valid beef.

Answer 5

The term is "right of way".   I don't know Canadian law, but in the U.S. if there is a right of way granted in a deed to the property, it cannot be taken away except by mutual agreement or government action.  I'd get an attorney to evaluate the matter before it becomes a problem, so you know exactly what your rights are.