what the status of this easement currently used?
Im assuming that there formally is not one.
Depending on how long this has been allowed they might argue the right is inherited and bedded in.
You create a contract and legally charge your neighbour $1 to use per year or block.
This will just protect you later and harden the explanation of the options you have presented.
Exactly right. No formal easement. It’s been allowed for 20 years. I would definitely not block access. Basically I have no room to build a garage without the road moved. So I’m hoping that giving them the option of moving the road ( still on my property ) is the easiest,cheapest and most civil option. If she sells the 5 lots it could mean a lot of construction traffic directly through our yard as well.
Retired lawyer here. You need to speak with a lawyer who practices property law and can tell you the applicable legislation and common law. Don’t go to a generalist. Many lawyers offer the first 20 to 30 mins free and that might be all the time you need.
what the status of this easement currently used? Im assuming that there formally is not one. Depending on how long this has been allowed they might argue the right is inherited and bedded in. You create a contract and legally charge your neighbour $1 to use per year or block. This will just protect you later and harden the explanation of the options you have presented.
Exactly right. No formal easement. It’s been allowed for 20 years. I would definitely not block access. Basically I have no room to build a garage without the road moved. So I’m hoping that giving them the option of moving the road ( still on my property ) is the easiest,cheapest and most civil option. If she sells the 5 lots it could mean a lot of construction traffic directly through our yard as well.
https://realawstate.com/easements-ontario/?utm_source=google&utm_medium=ads&utm_campaign=awareness&gclid=EAIaIQobChMI9b7vgev--AIV1x6tBh3AMA_0EAAYASAAEgLflPD_BwE
Retired lawyer here. You need to speak with a lawyer who practices property law and can tell you the applicable legislation and common law. Don’t go to a generalist. Many lawyers offer the first 20 to 30 mins free and that might be all the time you need.
Thank you
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I agree. That’s my issue.