Legal Question in Real Estate Law in Canada
Right of way
A new neighbour recently moved in next door. We live in an ''older'' neighbourhood. Our new neighbour has a ''right of way'' to his property, that passes through my existing paved driveway, as well as a corner of my property, that is, ( or was ), a well-manicured lawn . The previous neighbour rarely utilized his right of way, to his backyard, as a result, it was not a problem, no damage was done, and we all got along. Our new neighbour, uses his right of way, on a daily basis, as his self-perceived private driveway. As a result, in only 8 weeks, since he moved in, deep ruts have been created on my lawn, full of mud and water, as the new neighbour drives his 4 wheel drive truck in and out several times a day. I have approached the new neighbour, and he has told me to where to go, if you get my drift, as he has the right of way. My question is, '' does the right of way give the new neighbour the right to damage my property, and reduce the value of my property, as well as potentially causing a water back up into my home, as a result of the damage he has inflicted on my lawn, as the water now collects there? Can I not request that the neighbour stops using his right of way, until he repairs the damage he has created?
1 Answer from Attorneys
Re: Right of way
The use of the right of way (which is probably actually an easement) is defined by its terms. Without seeing the document it is impossible to say exactly what rights each of you have. If it is a general right of passage, with or without a vehicle, for driveway access, your neighbour may be within his rights to travel across the easement and so long as the damage is not unusual or extraordinary, the neighbour is not in breach of the easement. However, any definite answer requires a review of the easement document.
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