My neighbour is blocking access to an easement I have on their property in Ontario — what can I do?

If you hold a registered easement over a neighbouring property, the easement owner (the dominant tenement) has the legal right to use it for the purposes specified in the instrument, and the neighbour (the servient tenement) cannot lawfully obstruct that use.

When a landowner blocks access to your easement — by building a fence across it, parking on it, or otherwise interfering — you have grounds to take action. The first step is typically a written demand letter citing the registered easement and demanding the obstruction be removed within a defined period.

If informal demands do not resolve the issue, you can apply to the Superior Court of Justice for an injunction requiring the removal of the obstruction and an order restraining future interference. In urgent cases where access is completely blocked, you may be able to seek an urgent or interim injunction on short notice. You may also claim damages for any losses resulting from the blocked access.

The strength of your position depends on the wording of the easement instrument — specifically the defined purpose, width, and location of the right of way. A vaguely worded easement can lead to genuine ambiguity about what access it entitles you to. A real estate litigation lawyer can review the instrument and advise on the best approach.