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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100945
Experience:  Lawyer
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I own lake property, which the association that maintains the

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I own lake property, which the association that maintains the road has blocked my driveway with boulders. do I have to join the association, and are they allowed to place boulders on my property?
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

They cannot place boulders on your property.

They have no right to trespass and no right to block your driveway at all.

I don't know if you must join the association. You will need to review the by-laws in your jurisdiction but even if you do they have other means to enforce the by-laws but they cannot place boulders on your driveway because you are not paying your fees.

Let me know if you need any further clarification.
Customer: replied 4 years ago.

thank you, XXXXX XXXXX what the next step is? Call the police about the trespassing? file a claim in small claims court to get it moved?


I think you do first call the police.

If that does not work you can either send them a letter demanding that they remove the boulder and threatening a lawsuit or you can have a lawyer do so.

You can contact the BC Branch of the Canadian Bar Association and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be $25.

The number is:

604.687.3221 or 1.800.663.1919.

And then, if necessary you can file a claim in Small Claims Court and can self-represent. If it gets that far and you find you need some help as you go through the process you can always post on this site again and I can assist you further.
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