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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101384
Experience:  Lawyer
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I live on a 50 acre property..which is land has

Customer Question

I live on a 50 acre property..which is land has a right a way through a 50 acre property in front of me..couple questions..the hydro lines run down the right a way to my house and there trees are hanging over them..and the driveway is washing away..muddy etc..can I fix up the driveway and have trees trimmed without there permission..and are they. accountable for any of the expenses..they don't use those hydro wires..but the driveway is used by there farm renters to access the field..
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
You cannot do anything to the property that you don't own. Your only right is to use the right of way. But your right of way includes the right of clear access so if they are not giving you clear access you can demand that the clear the trees or repair the driveway.
Customer: replied 2 years ago.
So your saying that they are liable for trimming there trees that are hanging over the hydro wires that run to my property..?
And they never grade fix pot holes ruts..etc..or snow plow it..I totally maintain it myself..but they squawk when I want to fix up the driveway properly..bring in lotsa gravel and have a machine level it out..etc..and the trees are all over my hydro lines..
Expert:  Debra replied 2 years ago.
They are liable to maintain their property and in particular the right of way. They must keep the right of way in good repair and cleared so I suggest considering having a lawyer send them a letter.