What happens if a property I want to buy only has access via a private road?

Access is a fundamental issue in Ontario real estate: a property with no legal road access can be extremely difficult to use, sell, or mortgage. Some rural and cottage properties in Ontario rely on a private road — a road owned by one person or shared informally among several neighbours — rather than a public municipal road.

Before buying such a property, your lawyer should investigate: (1) whether you have a registered easement or right-of-way over the private road giving you legal access to a public road; (2) whether you are a party to a road maintenance agreement with the other road users; and (3) whether the road is maintained in winter and who pays for it.

If there is no registered right-of-way and access depends on the goodwill of the road owner, you are in a vulnerable position — that goodwill could disappear after you purchase. Your lawyer may advise you to make the purchase conditional on obtaining a registered right-of-way before closing. Lenders are also cautious about properties without registered access, and some will not advance a mortgage if legal access to a public road is not confirmed. Cottage and rural buyers should treat access as a priority checklist item, not an afterthought.