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Ask Legal Ease Your Own Question
Legal Ease
Legal Ease, Lawyer
Category: Canada Criminal Law
Satisfied Customers: 96446
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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I am driving my truck along my driveway and am just about to

Customer Question

I am driving my truck along my driveway and am just about to enter over a Registered Easement road in my favour as the Dominant tenement to cross over and access the public road nearby. This is routine and we cross over sometimes several times in a day. The Servient Tenement which is the property owner on which the Easement crosses over, whom was nearby with his bulldozer but not doing any work at this location suddenly blocks my access and proceeds to drive back and forth in front of me so that I can not pass. This actually went on for over 6 minutes though it seemed like an eternity while I repeatedly gestured to him to let me pass. Anyway, I photographed the whole thing and looked at the time stamps and that is how I know it was at least 6 minutes.This has to be illegal, could you please advise me as to exactly how the law deals with this kind of act.Thank you
Terry
Submitted: 10 months ago.
Category: Canada Criminal Law
Expert:  Legal Ease replied 10 months ago.

Just so that I am sure about the facts, are you saying that your right to use the easement was blocked by the owner of the property?

Customer: replied 10 months ago.
he is the owner of the property but I am the Easement holder over his property
Expert:  Legal Ease replied 10 months ago.

The owner of the property is breaching his obligation to you. The law is that it is unlawful for him to impede your right of access.

You have this legal right. It is not up to him to decide when you can use it because your right is to use it whenever you need to.

I suggest that you have a lawyer send him a letter demanding that he adhere to his legal obligations and threatening a lawsuit.

Customer: replied 10 months ago.
I already know all that but is it fundamentally any different from doing the same thing on a public road which may be a criminal offense.
T.
Expert:  Legal Ease replied 10 months ago.

No. It is not a criminal offence rather it is a civil matter.

That is why I am suggesting have a lawyer threaten a lawsuit and if necessary you will have to get a court order. The police cannot and will not help you with this. I am sorry about that.

Customer: replied 10 months ago.
One more question, if this happened on a public road would it be a criminal offense and if so what specifically is the offense?
Expert:  Legal Ease replied 10 months ago.

I believe it would be a traffic offence but I don't know much about traffic law as that is generally more of a question for a paralegal. It would not be a criminal offence unless it amounted to endangering someone I would think.

Customer: replied 10 months ago.
Can you refer me to someone that could answer that question? Your answer is very vague and does not reference any criminal code, or civil law. It seems to me that what I described is a form of obstruction and detainment, surely that spills over into criminal law? That is really what is at the heart of where I am going with this.
Expert:  Legal Ease replied 10 months ago.

My answer is completely about civil law. I explained the law clearly and correctly and you told me that you already knew all that.

You were not being kept against your will. You were being deprived of your right to use your easement.

I am not referencing the criminal code because being denied your right to use your easement is unlawful but not criminal. It is a civil matter and you have to sue if you want the legal system involved. It is not a crime for the owner of the land to obstruct your ability to use the easement even though you had a right to do so.

But it is grounds for suing for damages if you believe you sustained damages. And it is certainly grounds for suing if this happens more than once as you need to stop it.

I don't have anyone to refer this question to and if another lawyer on this site thought I was wrong they would already have interjected their own answer on this post.

Customer: replied 10 months ago.
I am assuming that if this happened on a public road it would be a criminal offence? Yes, or no. If yes, what is the offense? The reason I ask is because during this incident which took about 30 minutes the perpetrator was also parked at the entrance with his bulldozer blocking access in which I have photographed. At that time his bulldozer was parked on the part of the road that joins up with the easement. Thanks for your patience, this will be my last crack at this, unless you answer with a question?
Terry
Expert:  Legal Ease replied 10 months ago.

As I stated before I do not believe that the description of the facts would lead anyone to consider that this would be a criminal offence. It would not be a criminal offence for this person to block a public access with the bulldozer. It would be a criminal offence if you essentially became entrapped or imprisoned. But it would not be a criminal offence if this person prohibited you from going by. It would be a provincial offence. But, why not simply call the police and ask if they can assist you in anyway with respect to this matter? There's certainly no harm in trying that.

Customer: replied 10 months ago.
I'm talking to them tomorrow
Thanks
Expert:  Legal Ease replied 10 months ago.

You are very welcome.

But don't forget about the civil side of things. Paying for one letter may very well be worth your while so speaking to a local lawyer is also a very good idea.

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