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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100436
Experience:  Lawyer
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we have a legal right of way to enter our cottage property.

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we have a legal right of way to enter our cottage property. This right of way is a road that the property owners have maintained for the last 10 years (ie plowing, grading, new gravel etc.). This right of way is owned by the neighbouring farm.

This farm has just sold. The new owner is indicating that he would like to improve the road (potentially pave it, put street lights on it) and then will be sending each of us along the road a bill for the work to be done.

Does the owner have the right to do that? Are we obliged to pay for whatever costs he incurs to "improve" the road according to what he sees as necessary?
Thank you for your question. My name is XXXXX XXXXX my goal is to provide you with the best possible answer.

To achieve that goal 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.

But, 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.

It is not your property and you are not responsible for paying anything towards it.

The right of way gives you the legal right to use the property to gain access to yours.

But you don't own it and don't have any rights or obligations relating to ownership.

The owner has a legal duty to maintain the right of way. How he does that or what it costs is not your concern so long as it is maintained adequately.
Debra and other Canada Law Specialists are ready to help you
Customer: replied 3 years ago.

Given the fact pattern that the other property owners (including myself) have been paying for the maintenance of the road up until this new owner bought the farm, does that behaviour affect our obligation to continue to pay for maintenance going forward?


Because you were very generous before doesn't mean your actions were not voluntary. They were.

So you cannot be compelled to follow this same generous and voluntary conduct if you don't want to.

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