Monday, May 24, 2010

I am buying a municipal lane. To give deeded access to a neighbor MUST I include a survey? Ontario law please.

the lane runs from the roadway in behind the property on the corner which is the neighbors, to mine. I have a deeded right of way for my property. Now that I am buying the lane, my neighbor wants deeded access which she never had before. She used to have access to her backyard via the roadway that was paralell to the lane, but when she rebuilt her fence 9 years ago she closed off her driveway and put a gate off the laneway. Now that the municipality is selling the lane to me she wants deeded access. #1. I really don't understand why I have to pay for this since she closed up her access herself. #2 There were public meetings that were held and she didnt come to object, due dilligence was completed. #3 If I must give her deeded access, does it have to include a survey which is costly, or can it be worded on a deed?


Is there a different process that municipalities must follow to sell a roadway verses just plain old municipal land? This is so involved I am really confused. Thx alot.

I am buying a municipal lane. To give deeded access to a neighbor MUST I include a survey? Ontario law please.
I am in US, so not sure about Ontario law, but you can probably find out the answer from your local authorities. In the US, you could easily do this by recording a deed, saying "I hereby grant an easement over and across that portion of my property being the following described former municipal lane, to Mrs. X, for purposes of ingress and egress to her existing property." Of course, she should be willing to compensate you for doing this. If you and she cannot agree on an amount, but she insists that she has a right to use the lane, then the matter could result in litigation.
Reply:I think you are a reasonable individual. If I were you I would get a good real estate lawyer and sue her pants off. If shes hot I would get a GREAT real estate lawyer and take her panties too.

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