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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100977
Experience:  Lawyer
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The person whose land our right of way passes over has altered

Customer Question

The person whose land our right of way passes over has altered the road closed it off and put in a new road without asking or telling us. On our deed it states there is a right of way to our property it also shows it on our plan from the surveyors. The road was there for 20+ years so I would like to know if he can do this legally.
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
No he cannot do this legally. He has no right to do a thing to your property. He doesn't get any ownership rights because of the right of way. His only right is to access his property over yours and only where the right of way actually exists. He is required to put your property back in the state it would have been in had he not done this.