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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2263
Experience:  25 years in practice
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We have a unopened road allowance at the back of our

Customer Question

We have a unopened road allowance at the back of our property and the township wants to put in a pathway. This stretch of road allowance has been maintained by all landowners for over 75 years. The township has never once taken care of it or said that the adjacent landowners could not do so and use the property.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: We are in Ontario Canada
JA: Have you talked to a lawyer yet?
Customer: I have a call into one! I called our Lawyer but he already has a conflict of interest so I am trying to find another
JA: Anything else you think the lawyer should know?
Customer: not really sure, we have asked the township for detailed information on what they are doing, the cost of the pathway, the materials being used, if it is accessible that sort of thing. I have been harassed by one councillor and I will be putting in a complaint to our provincial ombudsman in regards ***** *****
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Thank you for your question.

Do you have an easement registered on title?

Customer: replied 1 year ago.
Our neighbour does and I am in the process of asking the previous owner if they had any
Customer: replied 1 year ago.
sorry can you clarify what you mean by easement? Our neighbour has a encroachment agreement with the township
Expert:  Debra replied 1 year ago.

Let me try and clarify and at the same time make sure I am getting the facts straight.

This land is owned by the city but over the many years you have all been using it and maintaining it.

Now the city is saying you have to stop.

One neighbour has an agreement that say the they can use the land.

You are not yet sure what your may have or what the previous owner may have had.

Is that all correct?

I am asking if you have something registered on title that gives you the legal right to use this property.

Customer: replied 1 year ago.
That is basically it. To my knowledge we do not have anything for our property
Expert:  Debra replied 1 year ago.

When will you find out if there is an agreement between your previous owner and the city?

Customer: replied 1 year ago.
Hopefully by Thursday
Expert:  Debra replied 1 year ago.

Can you get back to me then?

Also, during that time if you can find out what land registry system you are under and if it is land titles (it most likely is) when you were transferred over to that system, that would be good.

Customer: replied 1 year ago.
Ok will do thanks
Expert:  Debra replied 1 year ago.

If you get any reminder emails from the site they are computer generated and not from me so you don't need to worry about them. I know what we are waiting for.

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