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Legal Ease
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Category: Canada Law
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Trespassing on neighbors side of the property. JA: The Lawyer

Customer Question

Trespassing on neighbors side of the property.
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: not yet
JA: Please give me a bit more information, so we can help you best.
Customer: My employer is trying to do some work on his daughters house and the neighbor is looking for wsib and insurance clearance which we can provide, but she is saying the work can only be done mon - fri 8 - 5 we have given 48hrs notice, the repairs can take up to 30 days to repair not sure what to do
JA: Is there anything else the Lawyer should be aware of?
Customer: Not sure what you mean on that
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 6 months ago.
Category: Canada Law
Expert:  Legal Ease replied 6 months ago.
Are you saying that your employer needs to access his yard through hers for the work?What city and province is this?
Customer: replied 6 months ago.
My employer needs to go on his daughters neighbors property to do roof, soffit and eavestrough work. The job can not even be assessed because the neighbor won't let him on the property. This is is London, Ontario
Expert:  Legal Ease replied 6 months ago.
So are you saying the neighbour is saying that the father cannot do the work on his daughter's property even if he is not going on the neighbour's property evenings and weekends?
Customer: replied 6 months ago.
The neighbor is saying the work has to be done Monday - Friday 8-5. He is not allowed on the property without 48hrs notice, which we have given her. The job has not even been assessed yet, because she won't let him on the property. He is trying to find out exactly what needs to be fixed, how long it will take and how much. In our 48hr. notice we told her it could take up to 30 days to repair, she is not agreeing to this and threatened legal action.
Customer: replied 6 months ago.
He has to go on the neighbors property to put the ladder up to assess the situation.
Expert:  Legal Ease replied 6 months ago.
The Municipal Act gives cities the right to enact what are called "right of entry" by laws that give nieghbours the right to enter a property to do work on their own. I suggest you contact the city to see if they have enacted such a by-law. If they have then your employer will be able to pay a fee and will get a permit to enter the neighbour's property for accessing his daughter's. If they do not then your employer's daughter may need to get a court order allowing this.

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