2016-11-09

Right of way for a property that is no longer landlocked

Picture of a road between green fields Articles in this section are of general information and in every situation are subject to the application and interpretation of a law, rule or factual situation that may differ. Consult us for any specific question.

You have had a right of way over the neighbouring land for many years because your property was landlocked, you had no access to the public road.
 
However, the municipality has recently built a new road. Your lot has now access to the public road, but you still want to go on your neighbour's land because it is more convenient for you. But now your neighbour blocks your access. Who is right?
 
The easement of passage is not a convenience. It is granted only when access to the public road is non-existent, inadequate, difficult or impassable. You will have to give up your habit of passing through your neighbour's property or negotiate an amicable right of way.
 
What are the rights of the owner of an enclosed land?
 
That being said, situations involving enclosed lots are often complex so consult with your lawyer before drawing any conclusions.