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...

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...