How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Legal Ease Your Own Question
Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 95585
Experience:  Lawyer
Type Your Canada Law Question Here...
Legal Ease is online now
A new question is answered every 9 seconds

I live in Ontario and want to purchase land that has a right

This answer was rated:

I live in Ontario and want to purchase land that has a right of way. It was at one time for a railroad that has since been removed. There has been no activity on this right of way for many many years. I believe the right away was transferred to the St. Lawrence Seaway Corportation twenty years ago when they were building the Welland Canal--but has never been used. Is there a statute of limitation on rights of ways? Can this right of way be removed?
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

Is this right of way registered on title?
Customer: replied 3 years ago.

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.

There is no limitation period in the sense that this is a registered easement that does not expire.

But it is certainly possible to have this removed if the entity that owns it agrees.

And if they do not in some cases, depending on the facts, you can get an order for it's removal.

So if this ROW has not been used for decades and clearly won't be needed then it may be possible to get a Court order for it's removal.

Your next step should be to consult with a real estate lawyer who is local to this property.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-800-268-8326 or(NNN) NNN-NNNN(within the GTA)

It may be that you can negotiate with the owner of the ROW and offer something nominal to get them to agree to relinquish the ROW if they don't need it.

So for sure this should be looked into as it is quite possible you will succeed.
Customer: replied 3 years ago.

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?

You are permitted to self-represent but this is complicated so it's inadvisable.

But if you cannot afford the lawyer then see a lawyer and get some advice about the procedure and the forms and the law in terms of what you will need to show.
Customer: replied 3 years ago.

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 :)

You can ask as many questions as you like.

You can apply for the removal of the easement but you have to serve the owner.

So you will need to serve their head office.

Then if they ignore that you will get the order by way of default.

The Land Registrar will not be able to remove the easement without an order.
Customer: replied 3 years ago.

thank you.


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.

This is all right but when you apply for the order you also have to serve them with the application.

You would apply the Superior Court of Justice in the jurisdiction where the property is.
Customer: replied 3 years ago.

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.

Sound right?

Yes that sounds exactly right!
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 95585
Experience: Lawyer
Legal Ease and other Canada Law Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest. Monika Canada
< Previous | Next >
  • Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest. Monika Canada
  • This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help. Mike Halifax, NS
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA

Meet The Experts:

  • Tom B.

    Tom B.

    Barrister & Solicitor

    Satisfied Customers:

    25 years in practice
< Last | Next >
  • Tom B.'s Avatar

    Tom B.

    Barrister & Solicitor

    Satisfied Customers:

    25 years in practice
  • LawyerProfessor's Avatar



    Satisfied Customers:

    Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997
  • B.R. Hart's Avatar

    B.R. Hart


    Satisfied Customers:

    Juris Doctor, Member of the Law Society of Upper Canada
  • Jeremie John Martin's Avatar

    Jeremie John Martin


    Satisfied Customers:

    I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.
  • Sokkalaw's Avatar



    Satisfied Customers:

    Lawyer in Ontario, Canada
  • CaptanLaw's Avatar



    Satisfied Customers:

    I'm a criminal defence lawyer, who assists individuals charged with crimes.
  • Law Maven's Avatar

    Law Maven


    Satisfied Customers:

    Lawyer & Instructor at Algonquin Careers Academy