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PaulmoJD
PaulmoJD,
Category: Canada Law
Satisfied Customers: 111530
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Hoping you are still out there and able to help as my

Customer Question

Hoping you are still out there and able to help as my problem has gone in the wrong direction. MNR states that I am not allowed to use the Road Allowance without a permit, that the river course has changed, and States that the original (surveyed?) Road Allowance is not available due to the dam???? There is a 15 meter waterfall about 600 meters past my property and another smaller one 2 kilometers upstream!!! and that the Road Access Act doesn't apply. How do I deal with these kind of people.
Submitted: 9 months ago.
Category: Canada Law
Expert:  PaulmoJD replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You are going to have to go to the MNR and ask for the copy of the new survey and for proof that the change in course occurred, because if it has you will have to obtain the permits as they require. If they cannot provide proof of the change in course, you would need to appeal their claim of the permit being needed and that would mean going to the local court, which as you know will take quite some time as they are usually very backed up.
Customer: replied 8 months ago.
Sir,
Should have explained that I do not have a computer and access, no television or cell phone as well. Use the library when I go to town.
I didn't provide enough info in the question. The only survey was done in 1909 when the Road Allowance was inserted to provide access to the properties which were sold by the Crown in 1910. The Road Allowance was used until 1940 as the primary access. Today I have the neighbors deed so can ask the questions with clarity. The title is subject to #3 The provisions of Section 61 of the Public Lands Act. #4 The exceptions and qualifications mentioned in Section 9 of the Land Titles Act, being Chap. 197. I am in the process of hiring a surveyor. Thanks Frank Weber
Expert:  PaulmoJD replied 8 months ago.
Thank you for your reply
You need to have the survey first before you could do anything. You would need to then file suit in US District Court to enforce the allowance based on your newest survey to prove your rights. Without the new survey the court cannot rule.
Customer: replied 8 months ago.
Sir,
My last must have not completed the trip through cyber space. My problem is in Ontario, Canada. Cannot file anything in US District Court. Don't want to try to rate your service in the wrong country.
Expert:  PaulmoJD replied 8 months ago.
Thank you for your reply and I am sincerely ***** ***** I thought you were in the United States as that is the site it came up on.
I will ask for this to be moved to Canada law.
Customer: replied 8 months ago.
Ah, knew there was a problem, Thanks! Have not gotten a response from north of the border. Will have to try again..

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