yes the right of way is on the title.
I was told by Canadian Pacific Rail that the portion of land in question was the former Toronto Hamilton Buffalo Rail line and was transferred to the St. Lawrence Seaway Authority as part of the new Welland Canal project back in the 1970s.
if my attempts to get a response from the Seaway Authority that has the ROW, go unresponsed to... would I pursue the order from the Court? Do I need a lawyer to do this? What would this court order be called?
but as for me previous question. Can I simply apply to remove the easement through the courts based on no use in a very long time and inability to contact owner of ROW?
I think I found a document called "Deletion of Easement" to Land Registrar and if the Seaway does not object/or consents to its removal that would work right??
That's the last question :)
So I would first formally write a registered letter indicating request of removal of ROW/easement and then my contact info and If I do not hear back I would apply to the court-----WHICH court??
and then once I get an order file w the Land Registry.
ok then technically I can simply apply to the Superior Court of Justice in the jurisdiction.......serve the Seaway w a copy of the application.
I suppose then the step of contacting them in advance is just to cover that they aren't responding to me. I can submit the evidence of attempts to contact in my application.