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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101415
Experience:  Lawyer
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I live on a private road with other cottages, I need to know

Customer Question

I live on a private road with other cottages, I need to know what responsibilities I have and what rights I have to use and maintain the road. Last year I had to plow the road out because the contractor didn't come in every time it snowed and I was the only one living on the road.
We need year round access to this road as we will there. Also the Township has said the road needs upgrades to it in case emergency vehicles need to get in and out, do we need to pay for part of this or is it up to the owner of the road to do the upgrades.
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.

Who owns the road and as it sounds like it is not you do you have a registered right of way over the road to access your cottage?

Customer: replied 2 years ago.
One of the people that owns a cottage owns the road. I am entitled to use the road to gain access to my cottage.
Expert:  Debra replied 2 years ago.

Then it is not your responsibility to maintain this road. The owner is responsible and only the owner must answer to the city.

The owner is responsible for ensuring your right of way is not impeded by snow or anything else.

Customer: replied 2 years ago.
is there information that I can obtain to print off and show the owner that I am not responsible for paying for upgrades? Can I legally plow the road if I need to get in or out?
Expert:  Debra replied 2 years ago.

You can plow if the access is blocked but you can have the owner reimburse you for the cost.

I don't have any information you can print off unfortunately. I could not readily find anything when I did a quick search.