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Debra
Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Can I remove my half of a mutual walkway from my front door

Customer Question

Can I remove my half of a mutual walkway from my front door to the sidewalk and create my own separate walkway?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Would this block off the neighbour's right of way?

Customer: replied 1 year ago.
No. The mutual walk is down the property line of our semidetached homes and our front lawns are on either side. He would have to widen his walk on his side of the property line.
Expert:  Debra replied 1 year ago.

I cannot really picture what you are saying but essentially the way a mutual drive works is that you each own the property up to the property line and you each have the right to access the other's property under the right of way.

So if you are saying you are going to impede his right of way you cannot do this unless he consents. And you should know that the next owners, if the neighbours sell, may object as the easement runs with the land and will be on title.

Do you see what I mean?

Customer: replied 1 year ago.
I'll await your call.
Expert:  Debra replied 1 year ago.

I am sorry but I cannot call. The rules of my law society prohibit me from calling you as you are not my client.

Customer: replied 1 year ago.
This is not a mutual driveway. This is a shared walkway for our two semidetached houses that extends from our doorways to the city sidewalk. It's not a right of way like a mutual driveway. I want claim my half of the walkway and have a separate walkway from my neighbour. Does that make sense now?
Expert:  Debra replied 1 year ago.

You can do this so long as the property is yours and so long as the neighbour does not have a right of way.

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