Right of way and easement legislation in Ontario

From time to time, people have questions regarding right of way and easements in Ontario. I’ve recently put together some information (see below) that I have found online.

The article at the end by Brian Madigan strikes me as the most informative, of the articles that I’ve posted to date.

Any additions or comments would be appreciated.

April 3, 2015 Toronto Star article

An April 3, 2015 Toronto Star article is entitled: “Right-of-way ruling upheld in neighbour dispute: The neighbours continued to have reasonable access to the laneway, judge ruled.”

The article is by Bob Aaron, a Toronto real estate lawyer. The article notes he can be reached at bob@aaron.ca , on his website aaron.ca, and on Twitter, @bobaaron2.

Mutual driveways article at Ontario Real Estate Source website

An “Ontario Real Estate Source” website has posted a PDF file (it appears it may be from some years back) entitled:

Mutual Driveways: Ownership, Use and Maintenance

The writer is listed as Brian Madigan LL.B., an author and commentator on real estate matters, Coldwell Banker Innovators Realty, 905-796-8888. The contact information may or may not be current.

Oct 5, 2015 article at “Protect Your Boundaries” website

An Oct. 5, 2015 article at the “Protect Your Boundaries” website is entitled:

How easements affect private property rights

May 5, 2007 Toronto Star article regarding easements

A May 5, 206 Toronto Star article is entitled: “Easement dispute points to value of survey.”

Aug. 4, 2007 Toronto Star article regarding mutual driveway dispute

An Aug. 4, 2007 Toronto Star article, posted at the Aaron & Aaron website, is entitled; “Neighbours in talks after mutual drive dispute.”

April 20, 2010 Toronto Star article regarding driveway dispute

An April 20, 2010 Toronto Star article is entitled: “Driveway dispute divides neighbours:
A family in the Keele and Bloor area is stressed by new neighbours who are laying claim to a mutual driveway.”

Blog by Brian Madigan discusses easement issues in depth

A blog post by Brian Madigan is entitled: “Mutual Driveway or Just a Laneway? ”

The post, which is informative and comprehensive, discusses the relevant issues in some depth.

 

2 replies
  1. Sheila Gregory
    Sheila Gregory says:

    Hi I bought my home with a shared laneway which 4 homes has access to but are not allowed to block. The one house is rental which is a known drug house and the tenant has put up a gate blocking my only access to my backyard which is my only parking. I’ve told them but they continue to block my right of way. The owner / landlord does nothing, the police say it’s a civil matter so they do nothing, city hall, by law can’t do anything!? I’m being held hostage by a bunch of known criminals! It’s been almost 3 years of hell. Can you help? Even if I get a lawyer and I win, what am I to do if they continue? I’m now wanting to sell my home due to the stress and am afraid I won’t be able. Sincerely, Sheila.

    Reply

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