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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100407
Experience:  Lawyer
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There is a right of way lane way which give three homes access

Customer Question

There is a right of way lane way which give three homes access to the back of their homes. I am at the end of the right of way so it is not mutually accessible.
I would like to use this space for a garden or a place to lock my family's bicycles.
Because it is not mutually accessible or needed by any of my neighbours any way shape or form. Can I place a garden or bike lock up?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
Thank you for requesting me.Who owns the property?
Customer: replied 2 years ago.

I do. Each of my neighbours owns "their" portion of the right of way. This is in Toronto by the way.

Expert:  Debra replied 2 years ago.
So you are saying the right of way goes over your property but it is not needed by the others?
Customer: replied 2 years ago.

Right. The right of way runs through each of our backyards giving each of us access to our respective backyards. I am at the end of the row and right of way stops in my backyard. What I want to do doesn't even use the whole of the right of way in my backyard but merely a portion of it. So it does not impede the use of the right of way for any of the other neighbours. That being said of course non of the neighbours can do what I'm doing because it would block my access through the right of way. I have a diagram. Is there a way to send it to you?

I should also add...I actually own the last two properties so what I want to do is well away from my neighbours.

Expert:  Debra replied 2 years ago.
I don't need to see the diagram. The law is that you cannot impede anyone's right of way. But if you are saying no one is using it then there will not be anyone to complain. If someone does complain at some point you would need to remove all the impediments. So just be ready for that just in case but it clearly won't be an issue unless some neighbour becomes nasty for some reason since it is not hurting anyone.

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