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It does sound like your neighbour may have a case of what is called a prescriptive easement. It is an implied easement which may arise if a use of property has continued for some time.
Under the Land Titles System it's not possible to acquire land by way of adverse possession but your neighbour may have acquired this right before your land was transferred over to this system.
What you can do to find a lawyer is one of the following things.
You can contact the Law Society and use their Lawyer Referral Service. You will be given the names of three lawyers and can consult with any or all of them and the first half hour will be free.
The number is:
1-900-565-4LRS (4577)
Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.
Here's the link to their website:
http://www.lexpert.ca/Directory/DirectoryContent/FindLawyersOrFirm.aspx
I hope that helps as a starting point.
Please click accept so that I can receive credit for providing you with this information.
An easement may created by continued use of the land of another over a period of time and you have this here.
What you have to do is to consult with a local real estate lawyer to determine whether your property is under the Registry system or Land Titles System. If it's Registry then the neighbour probably has acquired the easement. If it's Land Title then it depends whether it was Land Titles for long enough to preclude the establishment of an easement.
Under the Land Titles System it's not possible to acquire land by way of adverse possession but your neighbour may have acquired this right before your land was transferred over to this system.
What you can do to find a lawyer is one of the following things.
You can contact the Law Society and use their Lawyer Referral Service. You will be given the names of three lawyers and can consult with any or all of them and the first half hour will be free.
The number is:
1-900-565-4LRS (4577)
Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.
Here's the link to their website:
http://www.lexpert.ca/Directory/DirectoryContent/FindLawyersOrFirm.aspx
I hope that helps as a starting point.
Please click accept so that I can receive credit for providing you with this information.
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