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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99929
Experience:  Lawyer
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I own land to which there are 4 lots and a private road

Customer Question

I own land to which there are 4 lots and a private road with unrestricted access. When we did the first plans we had to include a 66 ft right of way in the event that the municipality would want to take it over. The last occupant on the land wants to make the drive way a***** I do not want this and the other occupants on the road do not want this. What are my rights and the rights of the other occupants? Can he legally make a 66ft. road if he already has ingress and egress over the existing road.
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
Are you saying that you each own a lot and there is a right of way over each lot but this 4th person wants to pave a road over each of your properties?
Customer: replied 2 years ago.
No that is not what I am saying,,, My first three words were...'I own land'...I subdivided four lots. The right of way is over my land to get to theirs. Where did you get the impression that someone wanted to pave the road? Basically what I said is that the fourth occupant wanted to make the drive way 66 ft in width. I nor none of the other residents on the road want the drive way to be widen. The road that we have now is adequate. My question is does he have any rights to widen the road on his own without my or the other residents of the other homes consent.
Expert:  Debra replied 2 years ago.
I am sorry, but I still am not able to follow the facts. Please explain whether there are four owners of the lot now, or whether you still own four lots? Then, explain where the driveway is, and whether this driveway would be going over lots owned by someone else. The reason I am puzzled is that usually a right of way extends over land owned by someone else, and the person who has the right of way can only go across the land to get to his/her own land. Isn't that what's happening here?
Customer: replied 2 years ago.
Ok, I will try to explain this one more time:
- I subdivided four lots on my land
- four different people purchased each of the lots
- they all have a right of way to ingress and egress to their lots from a public road, in order to do so however, they all have to travel over my land
- the right of way, as it is now, is basically a driveway approximately 25 ft wide
- the resident of the farthest lot wants to widen the road to 66ft wide
- I, the owner do not want this
- the other three residents of the other lots do not want this
Can the resident who wants to widen the road to 66ft have a right to make changes to the road without consent from me (the owner of the land) or consent from the other lot residents?
NOTE: the deed shows a 66ft right of way to all lots (in case municipality becomes responsible for the road), the road currently in place now has been there for over 20 years and has been deemed adequate by all up until recently. Also note: the resident who wants the changes has been residing at the farthest lot for approx. 5yrs.
Expert:  Debra replied 2 years ago.
Then you have answered by question by confirming that you own the land. When someone has a right of way it gives them absolutely no ownership rights. Rather, the holder of the right of way simply has a legal right to go over your land to get to his land. No changes can be made to someone's land by someone else without their consent. The right of way most assuredly does not give him the right to make any changes whatsoever to your property. So the answer is that he cannot do this.

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