Ontario Tax Sale Property Forum
Tax Sale Forum => Questions and Answers => Topic started by: Pfm1011 on September 07, 2016, 03:07:40 PM
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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?
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I am Mountainman.
This I know as a fact
you should read the Road Access Act.
You may not be so quick
to act like a di%#.
For I am Mountainman.
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As per being a dick. The cottage asshole called the police 8 years ago and tried to ban the owner from crossing over the access rd. He has been a nightmare neighbour since.
I will have to pull the titles to confirm dates but it appears "Prescriptive rights" apply however the dispute 8 years ago when the cottager tried to claim the land may void those rights as there was a permission granted which voids prescriptive rights.
The cottager cannot stop the moving of the access rd but it appears, barring a written permission in the files, the access cannot be blocked entirely as Im sure they are way past the 40 years
Road access act
https://www.ontario.ca/laws/statute/90r34
Real Property Limitations Act ..section 31
https://www.ontario.ca/laws/statute/90l15?search=prescriptive+rights
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As per being a dick. The cottage asshole called the police 8 years ago and tried to ban the owner from crossing over the access rd. He has been a nightmare neighbour since.
I will have to pull the titles to confirm dates but it appears "Prescriptive rights" apply however the dispute 8 years ago when the cottager tried to claim the land may void those rights as there was a permission granted which voids prescriptive rights.
The cottager cannot stop the moving of the access rd but it appears, barring a written permission in the files, the access cannot be blocked entirely as Im sure they are way past the 40 years
Road access act
https://www.ontario.ca/laws/statute/90r34
Real Property Limitations Act ..section 31
https://www.ontario.ca/laws/statute/90l15?search=prescriptive+rights
I am Mountainman.
I am sorry to hear
that your neighbour isn't a dear,
And you may be right
that he's no more than a blight,
But try as you might
you cannot deny him the right,
To access your road
even if he is playing with half a load,
So my good friend Rob,
you are stuck with the f%$@ing knob.
For I am Mountainman.
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I believe he has the right to cross the land, but not the right to alter or modify the land. So if the road was to fall into disrepair he could not fix road therefore be much more willing to do as you wish.
Cheers