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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I have a Status of Title from the Winnipeg Property Registry

Customer Question

I have a Status of Title from the Winnipeg Property Registry for my house and land on Pacific Ave. It says I own lots 38, 39 and 40. (This is the actual chunk of land the house is on with a small front yard and a bit of back yard. Lot 39 is the house. Lot 40 is a strip along my side. Lot 38 is a strip along the back of my backyard.)
It then goes on to say "together with a right of way for all purposes and an easement for light and air appurtenant to all said lots over and upon Lot 41 (which is a thin strip of land between me and the next house.) I guess this means I may walk freely on this strip?
It continues "...and together with a right of way for all purposes as appt to lots 38, 39 and 40 (my lots) over and upon lots 36 and 37 (A back alley behind my house. This is fine. I may use it, I'm sure.)
It continues further "...and subject to a right of way for all purposes and an easement for light and air as appt to lots 36, 37, 41, 42 (the neighbour's land which his house is on) and 43 (the house diagonal from my backyard) as shown on said plan, over and upon said lots 38 and 40.
Phew! Does the "Subject to a right of way" mentioning the area holding the two houses next to me, and my bits of land, mean I and anyone has a right of way over all that land? It seems like a large chunk of land! I just wanted to know where to put my fence and it seems people can walk all over my yard.
What do you think?
Thanks
Leif
Submitted: 9 months ago.
Category: Canada Law
Expert:  Legal Ease replied 9 months ago.

Please sketch out a diagram to show me where the properties are located as it it too hard for me to follow otherwise.

Customer: replied 9 months ago.
I have attached a screen shot of the Plot.
Customer: replied 9 months ago.
here is the Title
Expert:  Legal Ease replied 9 months ago.

I am not a lawyer in your province and there are no lawyers from Manitoba on this site.

I did some research and from what I found you are correct and you can use any of these neighbouring properties in order to access your own.

That does seem strange to me as I can see it does to you but I don't see how this can be interpreted any other way.

On top of that it does seem like your property can be used for access for your neighbours' properties as well.

You can likely put a fence up along all our boundary lines but may need to put some gates in so that the fence does not cut off anyone's right of way.

But, please confirm this with a local lawyer before going ahead.

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