The Road Access Act

The Road Access Act was proclaimed law in Ontario in 1978. It started as a private member’s bill by Mr. Maeck, then the MPP for Parry Sound, and was prompted by concerns over access road disputes in cottage country. The purpose of the Act is to prevent the arbitrary...

The Road Access Act: Recent Developments

The Road Access Act dramatically affects private rights of land ownership and has been around since 1978. It is about road disputes and about avoiding risks of violence to persons and property generated by the dispute. Here is how it happens in the County of...

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...

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...

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...