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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2415
Experience:  25 years in practice
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Tom can you tell me what occupational rights mean It is showing on record from Hy

Customer Question

Hi Tom
can you tell me what occupational rights mean
It is showing on record from Hydro One for lots that were sub divided into a subdivision and hydro pole were installed in 1969. The company went bankrupt and hydro one took over the unregistered easement in 2000.
it is showing occupational rights is there an easement attached to the property
Submitted: 2 years ago.
Category: Canada Law
Customer: replied 2 years ago.
Will I be receiving a response soon
Expert:  Tom B. replied 2 years ago.
HiIt sounds like an easement to me. But an easement is registered against land. Occupational rights is a common law right whereby something has existed so long that the holder of the right asserts the right to continue. The term is becoming famous through traditional First Nations claims.I am not familiar with Hydro One and nothing comes up for me in searches. Please help me out on that point. Otherwise, do you see a corresponding registration on title? Cheers,Tom
Customer: replied 2 years ago.
Hydro One is our electricity company which is government owned.The owner who subdivided the area in 1964 had poles installed to run hydro lines (electrical lines) which created a corridor behind all the parcels (lots) for roads, sidewalks...etc...because this company went under receivership in 1970 or so the company name stayed with the land until 1999 when Hydro One took over ownership. I have search on Hydro One website and found the owner/company name and I am assuming the ticket which gives approval to install these lines. This is were I found occupational rights for Parts 35,36 & 37 Plan BR450 and M398. Which my property is part of.This easement was never registered but I have been told through Hydro One that it does not means there is no easement. So I am trying to get clarification of the meaning occupational rights. Interesting in what you say about First Nations. So with does this mean I have a easement and does it mean I have a right a way?Debbie
Customer: replied 2 years ago.
The area I am talking about is rural in Northern Ontario Canada.
Expert:  Tom B. replied 2 years ago.
Sorry. When I heard Hydro I thought BC. So on Hydro One they recognize a potential non registered interest over this land?It that what you want it to be?Tom
Customer: replied 2 years ago.
The original occupational rights was with the developer and it was under this developer name when we purchased. There was a change in the same year to Hydro One.Should our lawyer at time of purchase had this occupational rights on our title?There was also road under construction that had already been approved along the same corridor as the hydro lines. It shows on maps that date back to the 80's. Since a center line had been established for a road and hydro line with a center line had been installed, does this automatically create an right a way and easement with our property and the rest of the parts of land? Should have this been put on our title?
Customer: replied 2 years ago.
Should this have been put on our title?or was it not necessary as it stays with the land as being grandfathered?
Expert:  Tom B. replied 2 years ago.
Hi againI am still confused about whether this "charge" against the land is on your title. If so, it is alright for one company to transfer it to another. It is an asset. They own a right. It could be that there was some form of agreement regarding the road where the next user was allowed to use by the owner of the occupational right. Again, my experience with that is that easements are on title but occupational claims are not. You need to consult an Ontario Real Estate lawyer of which I am not. Here is a link to the Lawyer Referral Service. If you call, they will give you a few names of lawyers who have agreed to consult initially at no charge. You may consult with one or all. may be they have to work for you in searching the history of the property and will charge for that. But in terms of answering your questions and giving specific advice as to how you should move forward, you will get that advice for free. I am limited here to answering questions in a general fashion and alas, neither of us know what your lawyer knew or should have known when you purchased. Sincerely,Tom
Expert:  Tom B. replied 2 years ago.
Is there anything else I can do to get a positive rating?
Customer: replied 2 years ago.
Sorry for not responding...I guess I should have g gone through a Ontario CDN lawyer to ask these questions...I did not realize when I started these questions this was a site in the States...

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