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Questions and Answers / NON- Deeded access question
« on: September 07, 2016, 03:07:40 PM »
I have a question in regards to NON-Deeded access to property
I remember farmers used to close all trails across their land for one day a year to secure ownership and wondered what was the basis and does it still apply since Ontario land titles
The situation is as follows. A family member purchased waterfront property around 8 years ago and built a house. On the water there is two existing cottages which use a driveway in the middle of the property to access the cottages. One has deeded access registered on title and the second has nothing on title as the house was built for the farmers daughter 40 years ago.
The owner of the main property wants to move the driveway to the property line which will increase the " cosmetic" frontage of the main property by 200 ft. The cottage with the deeded access loves the idea and even offered to kick in some of the costs. The second cottage owner who has NO access agreement is being a dick and hinting they want to be paid which is a complete joke.
If the 2nd cottage owner doesn't knock off the BS, the plan is to simply serve them with a "Prohibition of Entry notice" per the "Trespass to Property Act" and permanently turn their cottage into water access only...I believe the term is "bitchslap" them.
(there is a history of them being complete dickheads to everyone and they are aware they have no deeded access as they tried stealing the land 8 years ago so the permanent bitch slap is long long overdue)
Adverse possession does NOT apply but is there similar laws that may apply that I am missing?
I remember farmers used to close all trails across their land for one day a year to secure ownership and wondered what was the basis and does it still apply since Ontario land titles
The situation is as follows. A family member purchased waterfront property around 8 years ago and built a house. On the water there is two existing cottages which use a driveway in the middle of the property to access the cottages. One has deeded access registered on title and the second has nothing on title as the house was built for the farmers daughter 40 years ago.
The owner of the main property wants to move the driveway to the property line which will increase the " cosmetic" frontage of the main property by 200 ft. The cottage with the deeded access loves the idea and even offered to kick in some of the costs. The second cottage owner who has NO access agreement is being a dick and hinting they want to be paid which is a complete joke.
If the 2nd cottage owner doesn't knock off the BS, the plan is to simply serve them with a "Prohibition of Entry notice" per the "Trespass to Property Act" and permanently turn their cottage into water access only...I believe the term is "bitchslap" them.
(there is a history of them being complete dickheads to everyone and they are aware they have no deeded access as they tried stealing the land 8 years ago so the permanent bitch slap is long long overdue)
Adverse possession does NOT apply but is there similar laws that may apply that I am missing?