Categories of Rights of Way

In Ontario, there are four categories of easements, commonly called rights of way, which may arise in land disputes: (1) express rights of way; (2) prescriptive rights of way; (3) implied rights of way; and (4) equitable rights of way. You may find yourself seeking...

Rights of Way

A land dispute between neighbours often involves a right of way issue. A typical case is when Neighbour A has been traversing Neighbour B’s land to reach his own land over a number of years. The dispute arises when Neighbour B stops Neighbour A from crossing over the...

Uses of Rights of Way

A right of way may be created by a deed to property and is commonly called “a deeded right of way.” A right of way may also be created by continuous use of the passage way for a period of 20 years and is called “a prescriptive right of way” because it is prescribed or...

Extinguishing Rights of Way

A legal right of way is granted by a deed to property and is commonly called “a deeded right of way.” A court reviewing a person’s lawsuit to extinguish a deeded right of way will look closely at the wording of the clause in the deed granting the right of way and...